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THE 


PUBLIC  SCHOOL  LAW 


-OF- 


MARYLAND 


AS  CONTAINED  IN  THE  MARYLAND  CODE,  PUBLIC 

GENERAL  LAWS,  EDITION  OF  1888,  AND 

SUBSEQUENT  AMENDMENTS. 


JANUARY   SESSION,   1906. 


BALTIMORE  : 

WILUAM  J.  C.  DULANY  COMPANY 
RIDDLEMOSER  BUILDING,    13-25   W.    FAYETTE   STREET 

1906. 


THE 


PUBLIC  SCHOOL  LAW 


-OF- 


MARYLAND 


AS  CONTAINED  IN  THE  MARYLAND  CODE,  PUBLIC 

GENERAL  LAWS,  EDITION  OF  1888,  AND 

SUBSEQUENT  AMENDMENTS. 


ro- 


JANUARY   SESSION,   1906. 


BALTIMORE  I 

WILLIAM  J.  C.  DULANY  COMPANY 
-RIDDLEMOSER  BUILDING,    13-25   W.   FAYETTE   STREET 


1906. 


nii 

Ho  C» 


PUBLISHED  BY  AUTHORITY 

—  OF  — 
THE  STATE  BOARD  OF  EDUCATION. 


STATE  BOARD  OF  EDUCATION. 


GOVERNOR  EDWIN  WARFIELD,  President. 
M.  BATES  STEPHENS,  Secretary. 

CLAYTON  PURNELL,          ....          Frostburg,  Md. 
JOHN  G.  ROGERS,          ....          Ellicott  City,  Md. 

ZADOK  P.  WHARTON, Stockton,  Md. 

GLENN  H.  WORTHINGTON,  ....      Frederick,  Md. 

ROBERT  C.  COLE, Baltimore  City. 

RUFUS  K.  WOOD,          ....     Sparrows  Point,  Md. 


242872 


THE 

PUBLIC  SCHOOL  LAW  OF  MARYLAND, 

AS  CONTAINED  IN  THE  MARYLAND  CODE,  PUBLIC  GENERAL 
LAWS,  EDITION  OF  1888,  AND  SUBSEQUENT  AMENDMENTS. 


PASSED  AT  THE  JANUARY  SESSION,  1872,  AMENDED  AT  THE 
JANUARY  SESSION,  1874,  1884,  1886,  1888,  1890,  1892,  1894,  1896,  1898, 
1900,  1902,  1904  and  1906. 


CONSTITUTION   OF    1867. 
ARTICLE  VIII. 

EDUCATION. 

SECTION  i.  The  General  Assembly,  at  its  first  ses- 
sion after  the  adoption  of  this  Constitution,  shall  by 
law  establish  throughout  the  State  a  thorough  and 
efficient  system  of  Free  Public  Schools,  and  shall 
provide  by  taxation,  or  otherwise,  for  their  main- 
tenance. 

SEC.  2.  The  system  of  Public  Schools,  as  now  con- 
stituted, shall  remain  in  force  until  the  end  of  the 
said  first  session  of  the  General  Assembly,  and  shall 
then  expire,  except  so  far  as  adopted  or  continued  by 
the  General  Assembly. 

SEC.  3.  The  School  Fund  of  the  State  shall  be  kept 
inviolate,  and  appropriated  only  to  the  purposes  of 
Education. 

ARTCLE   LXXVII. 

PUBUC  EDUCATION. 

1868,  ch.  407;  .1870,  ch.  311;   1872,  ch.  377. 
I.  There  shall  be  throughout  the  State  of  Maryland 
a  general  system  of  Free   Public  Schools,  according 
to  the  provisions  of  this  Article. 

St.  Mary's  Industrial  School  vs.  Brown,  45  Md.,  311. 


PUBUC   SCHOOL   LAW 


State  Board. 


County  Board. 


District  Board. 


Formation  of 
State  Board. 


CHAPTER  I. — Supervision. 

1872,  ch.  377. 

2.  Educational  matters  affecting  the  State,  and  the 
general  care  and  supervision  of  public  education,  shall 
be  entrusted  to  a  State  Board  of  Education. 

3.  Educational  matters  affecting  a  county  shall  be 
under  the  control  of  a  Board  of  County  School  Com- 
missioners. 

4.  Educational  matters  affecting  a  School  District 
shall  be  under  the  supervision  of  a  Board  of  District 
School  Trustees. 

CHAPTER  II. — Formation  of  Boards. 
1904,  ch.  584. 

5.  The  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  if  in  session,  and  without  said  ad- 
vice and  consent  when  not  in  session,  shall  appoint 
before  the  first  Monday  in  May,  next  ensuing,  six  per- 
sons, at  least  two  of  whom  shall  be  from  the  political 
party  which  at  the  last  preceding  election  for  Gov- 
ernor received  next  to  the  highest  number  of  votes, 
said  minority  representation  of  at  least  two  members 
as  aforesaid  to  be  continued  thereafter,  to  be  members 
of  the  State  Board  of  Education,  two  of  whom  shall 
hold   their   office   for   a  term   of   two   years,   two   of 
whom  shall  hold  their  office  for  a  term  of  four  years, 
and  two  of  whom  shall  hold  their  office  for  the  term 
of   six   years,   from   the   first   Monday   in   May   next 
succeeding    their    appointment    and    until    their    suc- 
cessors   shall    qualify.      The    Governor    shall,    at   the 
time    of   making    said    appointment,     designate    the 
term  of  years   of  each  of   said   members  when  first 
appointed  under  this  Article ;  the  term  of  office  of  said 
members,  after  the  expiration  of  the  term  for  which 
first  appointed,  shall  be  a  term  of  six  years,  and  to  take 
the  places  of  the  members  ofsaid  Board  whose  terms 
of  office  shall  so  expire,  the  Governor  shall,  every  two 
years  after  the  passage  of  this  Act,  before  the  first 
Monday  in  May  in  such  years,  appoint  two  persons 
as  members  of  said  Board  to  serve  for  terms  of  six 
years  from  the  first  Monday  in  May  next  succeeding 


OF    MARYLAND. 


their  appointment  and  until  their  successors  shall  qual- 
ify; said  persons  shall  be  of  high  character,  integrity 
and  capacity;  these  six  members,  together  with  the 
Governor  and  the  State  Superintendent  of  Public  Edu- 
cation, shall  constitute  the  State  Board  of  Education, 
but  principals  of  the  State  Normal  Schools  and  of 
the  normal  department  of  any  school  or  college  un- 
der the  control  of  the  State  Board  of  Education  whose 
certificates  are  recognized  by  it  shall  be  ex-fficio  hon- 
orary members  of  this  Board,  but  with  no  vote.  In 
case  of  a  vacancy  of  death,  resignation,  disqualifica- 
tion or  otherwise,  the  Governor  shall  fill  such  va- 
cancies. 

1906,  ch.  353. 

6.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  if  in  session,  and  without  said  advice  and 
consent  when  not  in  session,  shall  appoint  a  Board  of 
County  School  Commissioners  for  each  county  in  this 
State,  to  be  composed  in  the  counties  of  Baltimore, 
Carroll,  Frederick,  Dorchester,  Washington  and  Mont- 
gomery of  six  persons,  and  in  each  of  the  other  counties 
of  three  persons ;  two  of  whom  in  the  counties  of  Balti- 
more, Carroll,  Frederick,  Dorchester,  Washington  and 
Montgomery,  and  one  of  whom  in  each  of  the  other 
counties  shall  hold  their  office  for  the  term  of  two 
years ;  two  of  whom  in  the  counties  of  Baltimore,  Car- 
roll, Frederick,  Dorchester,  Washington  and  Mont- 
gomery, and  one  of  whom  in  each  of  the  other  counties 
shall  hold  their  office  for  the  term  of  four  years;  and 
two  of  whom  in  the  counties  of  Baltimore,  Carroll, 
Frederick,  Dorchester,  Washington  and  Montgomery, 
and  one  of  whom  in  each  of  the  other  counties  shall 
hold  their  office  for  the  term  of  six  years  from  the  first 
Monday  of  May  next  succeeding  their  appointment 
and  until  their  successors  shall  qualify.  The  Governor 
shall  at  the  time  of  making  said  appointments  designate 
the  term  of  years  of  each  of  the  said  Commissioners 
when  first  appointed  under  this  section ;  provided,  how- 
ever, that  all  County  School  Commissioners  heretofore 
appointed  under  this  section,  as  amended  by  Chapter 
79  of  the  Acts  of  1900,  shall  serve  out  the  terms  for 
which  they  were  respectively  appointed  and  designated ; 
and  provided  further,  that  at  the  time  of  making  the 


County  school 
commission- 
ers. 


Proviso. 


PUBLIC    SCHOOL   LAW 


Removal   from 
office,  etc. 


District  School 
Trustees. 


appointment  of  the  three  additional  School  Commis- 
sioners for  Montgomery  county,  as  herein  provided, 
the  Governor  shall  designate  the  terms  of  years  of  each 
of  the  said  additional  Commissioners.  The  term  of 
office  of  the  said  Commissioners,  after  the  expiration; 
of  the  term  for  which-  first  appointed,  shall  be  a  term 
of  six  years ;  said  persons  shall  be  men  of  high  charac- 
ter, integrity  and  capacity.  Two  of  said  appointees  for 
the  counties  of  Baltimore,  Carroll,  Frederick,  Dorches- 
ter, Washington  and  Montgomery  and  one  of  said 
appointees  for  each  of  the  other  counties  shall  be 
selected  and  appointed  by  the  Governor  from  the 
political  party  which  at  the  last  preceding  election  for 
Governor  cast  next  to  the  highest  number  of  votes  in 
the  State,  so  that  said  minority  party  shall  always  have 
a  proper  representation  upon  each  of  said  Boards.  The 
Governor  may  remove  for  incompetency,  neglect  of 
duty  or  misconduct  any  person  so  appointed  by  him  as 
Commissioner  of  Public  Schools  after  giving  due 
notice  to  such  person  of  the  charges  made  against  him 
and  a  reasonable  opportunity  to  be  heard  in  his  own 
defense.  In  case  of  vacancy  by  death,  removal  from 
the  county,  removal  from  office  by  the  Governor,  resig- 
nation or  disqualification  from  any  cause,  the  Governor 
shall  fill  such  vacancy  with  an  appointee  from  the  same 
political  party  as  that  of  the  person  whose  position  shall 
have  become  vacated. 

SEC.  2.  And  be  it  enacted,  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 
Approved  April  3,  1906. 

Ash  vs.  McVey,  85  Md.,  126. 
1904,  ch.  584. 

7.  The  Board  of  District  Sschool  Trustees  shall  be 
composed  of  three  persons,  residents  of  the  School  Dis- 
trict and  county  where  said  school  may  be  located, 
who  shall  be  appointed  by  the  County  School  Com- 
missioners on  the  first  day  of  May,  or  at  their  first, 
meeting  thereafter,  which  must  be  held  during  the 
month  of  May,  in  each  year,  and  who  shall  meet 
within  thirty  days  after  their  appointment  and  enter 
upon  the  duties  assigned  them  in  Chapter  5  of  this  Ar- 
ticle; at  their  first  meeting  they  shall  appoint  a  chair- 


OF    MARYLAND. 


man  and  shall  give  notice  of  their  appointment  to  the 
Secretary  of  the  Board  of  County  School  Commission- 
ers ;  when  the  Trustees  appoint  a  principal  teacher,  and 
the  appointment  shall  be  confirmed  by  the  Board  of 
County  School  Commissioners,  the  said  principal 
teacher  shall  be  ex-flicio  secretary  to  the  Board  of 
District  Trustees;  District  School  Trustees  shall  take 
and  subscribe  the  oath  or  affirmation  of  office  pre- 
scribed by  the  Constitution  before  the  County  School 
Commissioners,  County  Superintendent,  clerk  to  said 
County  School  Board,  or  any  other  officer  duly  author- 
ized to  administer  oaths. 

CHAPTER  III. — Duties  of  the  State  Board  of  Education. 
1872,  ch.  377. 

8.  The  State  Board  of  Education  shall  hold  regular 
meetings    on   the    last   Wednesday    in  May,    August, 
November  and  February  of  every  year,  and  special 
meetings  as  occasion  may  require. 

9.  The  office  of  the  State  Board  of  Education  shall 
be  in  Annapolis. 

1906,  ch.  356. 

10.  The  members  of  the  Board  shall  receive  no  sal- 
ary, but  their  actual  expenses  incurred  in  attending  the 
meetings  and  transacting  the  business  of  the  Board 
shall  be  paid,  and  they  are  authorized  to  employ  clerical 
assistance  when  necessary,  and  the  TreasureV  of  the 
State,  upon  the  warrant  of  the  Comptroller,  is  hereby 
directed  to  pay  to  the  president  of  the  Board,  from  the 
general  funds  for  public  schools,  for  the  purpose  of 
meeting  such  expenses,  the  sum  of  three  thousand  dol- 
lars ($3,000)  per  annum,  in  quarterly  instalments. 

1904,  ch.  584. 

11.  The  State  Board  of  Education  shall,  to  the  best 
of  their  ability,  cause  the  provisions  of  this  Article  to 
be  carried  into  effect,  and  may,  if  necessary,  institute 
legal  proceedings  for  that  purpose  with  the  direction 
and  advice  of  the  Attorney-General;  they  shall  enact 
by-laws  for  the  administration  of  the  Public  School 
System  not  at  variance  with  this  Article,  which  when 
enacted  and  published  shall  have  the  force  of  law ;  they 


Meetings. 


Office. 


Board  to  be 
unsalaried. 


Duty  of  the 
State  Board. 


,10 


PUBLIC   SCHOOL   LAW 


jHave  general 
care  and 
supervision. 


Uniformity    in 
reports. 


Examine  can- 
didates. 


•Grant  certifi- 
cates. 


shall  have  the  power  to  remove  or  suspend  any  County 
Superintendent  who  may  be  found  inefficient  or  in- 
competent for  the  discharge  of  duties  assigned  him, 
or  guilty  of  such  moral  delinquency  as  unfits  him  for 
the  office  he  holds;  they  shall  explain  the  true  intent 
and  meaning  of  the  law,  and  they  shall  decide,  without 
expense  to  the  parties  concerned,  all  controversies  and 
disputes  that  arise  under  it,  and  their  decision  shall 
be  final. 

School  Board  vs.  Wagaman,  84  Md.,  162. 
1872,  ch.  377. 

12.  They  shall  have  the  general  care  and  supervision 
of  the  Public  School  interests  of  the  State;  shall  act 
as   assistants    and    adversers   of   the   various    County 
Boards;  and  shall,  from  time  to  time,  issue  circular 
letters  to  teachers  and  commissioners  on  topics  con- 
nected with  the  administration  of  Public  Schools. 

13.  In  order  to  insure  uniformity  in  the  statistical 
reports  of  the  Public  Schools,  they  shall  issue  a  uni- 
form series  of  blanks  for  the  use  of  teachers  and  of 
County  Boards,  and  shall  require  all  accounts  to  be 
kept  and  returns  to  be  made  according  to  these  forms. 

14.  They  shall,  when  requested  by  the    Board    of 
County  School  Commissioners,  examine  candidates  for 
the  office  of  County  Examiner,  and  give  a  certificate  of 
qualification. 

15.  They  may  grant  to  teachers  of  long  experience 
and    established    reputation    professional    certificates, 
which  shall  be  valid  until  revoked  for  cause. 


'Trustees  ex- 
oflficio. 


'To  report  an- 
nually. 


IQ04,    ch.    584- 

16.  The  members  of  the  State  Board  of  Education 
shall  be  exofficio  Trustees  of  the  State  Normal  Schools. 

17.  All  schools  and  colleges  and  all  normal  school 
departments   receiving   State   donations   shall  make   a 
report  on  or  before  the  fifteenth  day  of  September  in 
each  year  of  such  matters  and  in  such  form  as  the  State 
Board  of  Education  shall  require ;  and  said  reports,  or 
an  abstract  therefrom,  shall  be  published  by  the  Presi- 
dent of  the  Board  in  his  annual  report. 


OF    MARYLAND. 


II 


1902,  ch.  466. 

1 7 A.  That  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  a  competent 
person  as  Superintendent  of  Public  Education  for  the 
State  of  Maryland,  who  shall  serve  for  a  term  of  four 
years,  beginning  on  the  first  Monday  in  May  ensuing 
after  his  appointment,  and  until  his  successor  has  been 
appointed  and  qualified  according  to  law ;  and  said 
person  as  Superintendent  of  Public  Education  shall 
be  ex-fiicio  a  member  of  the  State  Board  of  Educa- 
tion; provided,  that  the  Governor  at  any  time  may 
remove  such  person  from  office  for  misconduct  or 
inefficiency,  upon  submitting  his  reasons  for  such 
removal  in  writing  to  such  person;  and  provided  fur- 
ther, that  such  removal  be  approved  and  ratified  by 
two-thirds  of  the  members  of  the  State  Board  of  Edu- 

•  cation. 

1904,  ch.  584. 

176.  The  Superintendent  of  Public  Education  shall 
receive  a  salary  from  said  appropriations  for  Public 
Schools,  the  amount  of  which  salary  shall  be  fixed 
by  the  State  Board  of  Education,  provided  it  shall  not 
exceed  the  sum  of  three  thousand  dollars  per  annum, 
in  addition  to  an  allowance  of  five  hundred  dollars  per 
annum  for  traveling  expenses ;  the  said  Superintendent 
of  Public  Education  shall  receive  annually  the  sum  of 
one  thousand  dollars,  or  so  much  thereof  as  may  be 
needed,  for  the  purchase  of  stationery,  office  fixtures 
and  supplies ;  and  he  shall  cause  to  be  printed  and  dis- 
tributed to  the  Public  School  teachers  of  the  counties 

•  of  the  State  (  .each  year,  a  pamphlet  for  the  proper  ob- 
servance of  Arbor  Day,  a  teacher's  manual  of  institute 
work,  the  proceedings  of  the  Maryland  State  Teachers' 
Association,  and  such  other  circulars  and  printed  mat- 
ter as  will  encourage  the  work  of  public  instruction 
and   promote   its   uniformity ;   provided,   all   bills    for 
such  expenditures  shall  be  approved  by  the  State  Board 
of  Education;  and  said  Superintendent  shall  appoint 
a  clerk,  who  shall  also  act  as  clerk  to  the  State  Board 
of  Education,  and  who  shall  be  paid  a  salary  from  the 
appropriations  for  Public  Schools,  the  amount  of  which 
salary  shall  be  fixed  by  the  State  Board  of  Education, 

.provided  that  it  shall  not  exceed  the  sum  of  twelve 


Appointment 
of  Superin- 
tendent of 
Public  Edu- 
cation. 


Term. 


Member  State 
Board. 


Removal. 


Salary. 


Pamphlets  to 
be  printed. 


Clerk. 


Clerk's  salary 
Superintend- 
ent's office. 


12 


PUBLIC   SCHOOL   LAW 


Duties  of 
Superintend- 
ent. 


Hold  Insti- 
tutes. 


Assistant 
superinten- 
dent of 
public 
education. 


hundred  dollars;  provided,  further,  that  the  office  of 
said  Board  shall  be  the  office  of  said  Superintendent; 
and  provided,  that  the  clerk  to  the  said  Superintendent 
of  Education  shall  not  be  employed  as  teacher  or  other- 
wise in  any  capacity  in  any  of  the  Public  or  Normal 
Schools  of  this  State. 

170.  It  shall  be  the  duty  of  the  Superintendent  of 
Public  Education  to  inform  himself  and  the  State 
Board  of  Education  as  to  the  condition  of  the  Public 
Schools  throughout  the  State ;  to  diffuse  information 
as  to  the  best  methods  of  instruction;  to  receive  and 
present  to  the  State  Board  of  Education  the  reports  of 
the  various  Boards  of  County  School  Commissioners ; 
to  examine  sa'id  County  Boards'  statement  of  expendi- 
tures of  School  Funds,  and  submit  his  judgment  on  the 
same  to  the  State  Board  of  Education;  to  have  au- 
thority to  endorse  such  Normal  School  diplomas  from 
other  States  as  he  may  deem  proper,  and  when  so  en- 
dorsed, they  shall  be  legal  certificates  to  teach  in  any 
elementary  Public  School  in  the  State,  until  revoked ; 
to  arrange  dates  for  teachers'  institutes,  and  assist  the 
County  Superintendent  in  the  preparation  of  the  pro- 
gram of  the  county  teachers'  institute,  and  also  attend 
same  when  in  session,  when  possible,  and  give  instruc- 
tion ;  he  shall  devote  his  whole  time  to  the  duties  of  his 
office,  and  in  every  way  conserve  the  interests  and  pro- 
mate  the  effiency  of  the  Public  Schools  of  the  State; 
the  State  Superintendent  shall  also  be  the  Secretary  of 
the  State  Board  of  Education. 

1906,  ch.  356. 

170.  The  State  Superintendent  of  Public  Education, 
subject  to  confirmation  by  the  State  Board  of  Educa- 
tion, shall  on  or  before  the  3ist  day  of  July  in  each 
year  appoint  a  competent  person,  to  be  known  as  As- 
sistant Superintendent  of.  Public  Education,  who  shall 
serve  for  one  year,  unless  removed  as  hereinafter  pro- 
vided, and  who  shall  receive  a  salary  of  fifteen  hundred 
dollars  per  annum,  to  be  paid  from  the  appropriations 
for  public  schools,  and  shall  receive  no  additional  pay 
for  any  services  said  Board  may  require ;  the  said  as- 
sistant so  appointed  shall  act  for  and  in  the  name  of  the 
Superintendent  in  such  branches  of  his  office  and  field 
work  as  shall,  or  may,  in  the  discretion  of  said  Super- 
intendent, be  committed  to  him,  and  faithfully  and 


OF    MARYLAND. 


-efficiently  perform  such  duties  as  may  be  required  of 
him  by  either  the  Superintendent  or  the  State  Board 
of  Education ;  and  the  said  Assistant  Superintendent 
shall  be  subject  to  removal  by  the  Superintendent,  with 
the  approval  of  the  State  Board  of  Education,  at  any 
time  for  inefficiency  or  misconduct  in  office ;  provided, 
however,  that  the  reason  for  such  dismissal  must  be 
submitted  to  him  in  writing. 

CHAPTER  IV. — Duties  of  the  County  School  Commis- 
sioners. 

1904,  ch.  584. 

18.  The   Board   of   County    School    Commissioners 
shall  meet  for  organization  on  the  first  Tuesday  in 
May  next  succeeding  their  appointment,  or  as  soon 
thereafter  as  may  be,  and  elect  a  person,  not  a  member 
of  the  Board,  who  shall  serve  as  Secretary  and  Treas- 
urer of  the  Board  of  County  School  Commissioners 
and  County  Superintendent  of  Public  Education,  and 
notice  of  such  election,  signed  by  the  President  of  the 
Board,  shall  be  transmitted  to  the   Comptroller ;  the 
person  thus  elected  as  Secretary,  Treasurer  and  County 
Superintendent,  shall  enter  upon  his  duties  the  first 
day  of  August  next  ensuing  his  election;  in  counties 
having  more  than  eighty-five  schools  the  Board  may, 
at  their  discretion,  appoint  a  clerk  and  fix  his  salary; 
the  Board  shall  meet  at  least  once  in  every  school  term, 
and  at  other  times,  if  necessary,  for  the  transaction  of 
business ;  each  Commissioner  shall  receive  as  an  an- 
nual salary  the  sum  of  one  hundred  dollars,  and  he 
shall  make  no  further  charge  or  charges  for  any  ser- 
vices rendered. 

1872,  ch.  377;  1892,  ch.  538;  1900,  ch.  389;  1904,  ch.  584. 

19.  The  Board  of  County  School  Commissioners  are 
hereby  declared  to  be  a  body  politic  and  corporate  by 
the  name  and  style  of  the  Board  of  County  School 

Commissioners  of  County,  and  by  that  name 

shall  have  perpetual  succession,  and  shall  be  capable 
to  sue  and  be  sued,  to  use  and  have  a  common  seal, 
and  the  same  at  their  pleasure  to  altar  or  break,  and 
to  exercise  all  the  powers  and  privileges  hereby  granted 
to  or  vested  in  them ;  and  every  County  Superintendent 


Organization. 


Meetings;  Pay; 
Proviso. 


School  Com- 
missioners, a 
body    politic. 


PUBLIC   SCHOOL   LAW 


miSsteryoaihs  or  Assistant  County  Superintendent  shall  have  power 
to  take  affidavits  and  administer  oaths  in  all  matters 
pertaining  to  Public  Schools,  but  without  charge  of  fee. 


Property  trans- 
ferred to 


General  super- 
vision and 
control. 


Intention  of 
this    Article. 


Contingency. 


Proviso. 


1872,  ch.  327. 

20.  All  the  property,  estate,  effects,  money,  funds, 
claims  and  State  donations,  heretofore  vested  by  law 
in  the  Public  School  authorities  of  any  county,  for  the 
use   and   benefit   of    Public,    Primary,    Free   or  High 
Schools,  are  transferred  to  and  vested  in  the  Board  of 
County  School  Commissioners  and  their  successors  in 
office. 

1904,  ch.  584. 

21.  The   Board  of   County   School   Commissioners 
shall  have  the  general  supervision  and  control  of  all 
the  schools  in  their  respective  counties ;  they  shall  build, . 
repair  and  furnish  school  houses ;  they  shall  purchase 
and  distribute  text-books;   they   shall,   after  advising 
with  the  pricipal  of  the  school  to  which  the  teacher 
is  to  be  appointed,  appoint  all  assistant  teachers ;  they 
shall  have  authority  to  consolidate  schools  when,  in- 
their  judgment,  consolidation  is  practicable  and  de- 
sirable, and  to  arrange  for  any  to  pay  charges  of  trans- 
porting pupils  to  and   from  such  schools,  and  shall 
perform  such  other  duties  as  may  be  necessary  to  se- 
cure an  efficient  administration  of  the  Public  School 
System,  subject  to  the  provisions  of  this  Article. 

tr 

22.  The  State  School  Tax  and  Free  School  Fund  are 
primarily  intended,  under  this  Article,  to  pay  the  sal- 
aries of  the  teachers  of  the  several  counties  and  to  pro- 
vide school  books  and  stationery  for  the  children  of  the 
State ;  if,  however,  in  apportioning  the  said  school  tax 
among  the  different  counties  and  the  City  of  Balti- 
more, the  share  of  any  county  should  prove  inadequate 
for  the  purposes  aforesaid,  then  the  County  Commis- 
sioners  of   such   county  are  hereby  authorized,   em- 
powered, directed  and  required  to  levy  and  collect  such 
a  tax  upan  the  assessable  property  of  such  county  as 
the  Board  of  County  School  Commissioners  shall  desig- 
nate as  sufficient  to  make  good  the  deficiency ;  pro- 
vided,  that   said   tax   shall   not  exceed   fifteen   cents 
on  the  hundred  dollars,  unless  the  County  Commis- 
sioners shall  approve  and  sanction  an  additional  tax;; 


OF    MARYLAND. 


taxes  so  levied  and  collected  shall  be  paid  quarterly,  on 
the  day  fixed  for  payment  of  the  said  school  tax  to  the 
several  counties  (but  the  proceeds  from  special  taxes 
may  be  paid  oftener,  upon  the  order  of  the  Board  of 
County  School  Commissioners  to  the  Treasurer  of  the 
said  Board  of  County  School  Commissioners) ,  in  order 
that  the  Schools  of  said  counties  may  be  kept  open  for 
the  time  herein  set  forth,  and  said  tax  shall  be  levied 
and  collected  as  other  taxes ;  any  sums  of  money  which 
may  have  been  specially  collected  or  levied  on  any 
election  or  school  house  district  for  educational  pur- 
poses connected  with  these  district,  shall  be  collected 
for  and  applied  to  the  purposes  so  intended  originally, 
and  shall  be  used  for  no  other  purposes;  and  if  said 
funds  have  been  used  otherwise  they  shall  be  returned 
and  applied  as  aforesaid. 

23.  In  all  cases  where  the  county  has  not  been 
properly  divided  into  School  Districts,  and  full  records 
of  the  boundaries  thereof  have  not  been  made  and  re- 
corded, the  Board  of  County  School  Commissioners 
shall  appoint  a  committee  if,  in  their  opinion,  they 
deem  it  necessary,  consisting  of  three  persons  of  intel- 
ligence and  sound  judgment,  who  shall  divide  the 
county  and  suitable  School  Districts,  and  define  and 
describe  the  boundaries  of  each;  provided,  that  no 
School  District  shall  contain  a  greater  area  than  four 
miles  square,  unless  a  part  of  it  be  located  in  a  thinly 
settled  region.  In  the  formation  of  the  School  Dis- 
tricts the  committee  shall  take  into  consideration  the 
most  suitable  site  for  the  school  house,  the  general 
features  of  the  country,  and  shall  make  each  School 
District  of  such  size  and  form  as  will  best  accommo- 
date the  population  within  its  bounds.  The  com- 
mittee shall  make  an  accurate  description  of  the 
bounds  of  the  School  Districts,  accompanied  by  a  plat 
and  shall  report  the  same  to  the  Board  of  County 
School  Commissioners,  who  shall  thereupon  give 
notice  inall  the  newspapers  of  the  county  at  what 
time  they  will  meet  to  hear  applications  for  a  change 
of  boundaries,  which  applications  shall  be  made  in 
writing  and  within  two  months  from  the  date  of  the 
first  publication  of  such  notice.  When  the  applica- 
tions shall  have  been  made  and  considered,  the  Board 


Appoint  com- 
mittee to  di- 
vide. 


Proviso. 


To  make  accu- 
rate  descrip- 
tion of  dis- 
tricts. 


May  change 
boundaries-. 


i6 


PUBLIC   SCHOOL   LAW 


Description    to 
be  recorded. 


Employ  a  sur- 
veyor. 


The  cost  of 
dividing. 


of  County  School  Commissioners  may  then  change 
the  boundaries  'of  School  Districts,  and  revise  the  de- 
scription; or  they  may,  without  application,  make 
such  changes  as  may  be  deemed  important,  or  they 
may  ratify  and  confirm  the  report  of  the  committee. 
The  description  of  the  boundaries  of  School  Districts 
shall  be  recorded  in  a  book,  kept  for  that  purpose,  by 
the  Secretary  of  the  Board  of  County  School  Com- 
missioners. In  those  counties  where  no  newspaper  is 
published,  the  notice  of  application  for  a  change  of 
boundaries  shall  be  published  in  such  a  manner  as  the 
Board  of  County  School  Commissioners  may  decide. 
Whenever  it  may  be  necessary,  the  Board  of  County 
School  Commissioners  shall  employ  a  surveyor  to  aid 
the  committee  in.  the  performance  of  such  duty,  and 
they  shall  allow  the  surveyor  such  compensation  for 
his  services  as  may  be  just  arid  proper,  and  the  com- 
mittee shall  receive  no  compensation  whatever  for 
their  services.  The  cost  of  dividing  the  county  shall 
be  paid  by  the  County  School  Commissioners  out  of 
the  School  Fund  of  the  county.  If  a  county  has  already 
been  divided  into  School  Districts,  and  it  may  be 
necessary  to  revise  the  same,  the  Board  of  County 
School  Commissioners  shall  have  full  power  to  make 
such  revision  or  alterations  as  may  be  necessary  to 
accommodate  the  population  and  increase  the  effi- 
ciency of  the  schools.  A  full  description  of  such 
changes  and  alterations  shall  also  be  made  and  re- 
corded as  aforesaid. 


Make  annual 
report. 


Publish  state- 
ment of  re- 
ceipts and 
disburse- 
ments. 


1904,   ch.   584. 

24.  The  Board  of  County  School  Commissioners 
shall,  on  or  before  the  first  day  of  September  in  every 
year,  make  a  report  to  the  State  Board  of  Education, 
in  such  form  as  may  be  presented  by  the  latter,  of  the 
schools  and  all  matters  affecting  the  educational  inter- 
ests of  the  county;  they  shall  also  publish  annually, 
in  the  month  of  November,  in  such  form  and  manner 
as  they  may  deem  proper,  a  statement  of  their  receipts 
and  disbursements,  including  the  money  received  and 
expended  on  account  of  text-books,  and  a  statement 
of  the  indebtedness  of  the  Board  at  the  close  of  the 
fiscal  year,  and  the  items  of  expense  of  the  individual 


OF    MARYLAND. 


schools,  and  forward  a  copy  to  the  State  Board  of 
Education. 

1872,  ch.  377;  1886,  ch.  293;  1888,  ch.  58;  1890,  ch.  268; 
1892,  ch.  341. 

25.  In  case  of  the  death  of  any  County  School  Com- 
missioner,   or   his    resignation   or   removal    from   the 
'county,  or  disqualification  from  any  legal  cause,  dur- 
ing the  recess  of  the  General  Assembly,  the  Governor 
shall  have  power  to  appoint  a  qualified  person  to  fill 
the  vacancy  for  the  unexpired  term.    In  case  of  ineffi- 
ciency, refusal  to  act,  or  breach  of  trust,  the  Board 
may,  by  vote  of  a  majority  of  its  members,  declare 
the  office  vacant,  and  give  notice  to  the  party  con- 
cerned.    An  appeal  may  be  taken  to  the  State  Board 
of  Education,  whose  decision  shall  be  final,  but  if  no 
appeal  be  taken  within  ten  days,  the  vacancy  shall  be 
filled  as  hereinbefore  provided. 

Ash  vs.  McVey,  85  Md.,  126. 

26.  No  teacher,  in  actual  employment  as  such,  shall 
fill  the  position  of  County  School  Commissioner. 

CHAPTER  V. — Duties  of  District  School  Trustees. 
1904,  ch.  584. 

27.  The  Board  of  District  School  Trustees  shall  have 
the  care  of  houses  and  lands  connected  therewith  in- 
tended for  school  purposes;  also  furniture,  apparatus 
and  other  school  property ;  they  shall  attend  to  all  re- 
pairs and  charge  the  cost  among  the  incidental  ex- 
penses of  the  school,  to  be  paid  out  the  tax  levied 
upon  the  assessable  property  of  the  county  as  herein 
provided  for;  provided,  that  when  repairs  are  to  be 
paid  out  of  county  school  taxes,  the  amount  to  be  ex- 
pended for  said  school  repairs  shall  be  determined  by 
the  Board  of  County  School  Commissioners  before  the 
repairs  are  made;  the  Board  shall  employ  a  principal 
teacher,  subject  to  confirmation  by  the  Board  of  County 
School  Commissioners,  from  among  those  persons  who 
hold  the  certificate  required  by  this  Article ;  they  shall 
exercise  a  general   supervision   over  their   respective 
schools,  and  visit  them  frequently,  and  shall  cause  in- 
struction to  be  given  for  ten  months  in  the  year,  if 
possible. 


Vacancies : 
how  filled. 


Declare  vacant. 


Teachers  not  to 
be  commis- 
sioners. 


Duties  of  Board 
of  District 
School  Trus- 
tees. 


Proviso. 


i8 


PUBUC   SCHOOL,   LAW 


Outbuildings. 


Not  to  be  used 
for  other  pur- 
poses. 


Contiguous 
portions  of 
districts  may 
combine. 


Proviso. 


Neglect  or  re- 
fusual  to  act. 


Commissioners 
to  provide 
water  closets. 


Penalty. 


Proviso. 


1872,   ch.    377. 

28.  The  Board  of  District  School  Trustees  shall  see 
that  every  school  house  site  is  provided  with  suitable 
outbuildings. 

29.  No  school  house  shall  be  used   for  any  other 
purpose  than  Public  School  purposes  and  School  Dis- 
trict meetings,  unless  by  the  consent  of  the  Board  cJf 
County  School  Commissioners,  or  a  majority  of  them. 

30.  Contiguous    portions    of    two    or    more    school 
house  districts  may,  with  the  consent  of  the  Board  of 
County   School   Commissioners,  combine  and  form  a 
new  school  house  district;  and  when  thus  formed  the 
said  new  school  house  district  shall  be  invested  with 
all  the   rights  and  powers  hereinbefore   set  forth  as; 
pertaining  to  such  districts;  provided,  that  the  new 
school  house  district  thus  formed,  or  said  district  from 
which  it  may  be  formed,  shall  not  contain  less  than 
thirty-five  legal  resident  voters. 

1874,  ch.  463. 

31.  In  case  of  neglect  of  duty,  or  refusal  to  act,  on 
the  part  of  the  members  of  the  Board  of  Trustees,, 
their  places  shall  be  declared  vacant  by  the  Board  of 
County  School  Commissioners,  who  shall  fill  the  same 

ARTICLE  XXVII. — Crimes  and  Punishments. 

1476.  Boards  of  School  Commissioners  in  every  city  and 
county  of  the  State  shall  provide  suitable  and  convenient  water 
closets  or  out-houses  for  each  of  the  schools  under  their  official 
jurisdiction,  not  less  than  two  for  each  school  or  building, 
when  both  sexes  are  in  attendance,  in  their  respective  school 
districts,  with  separate  means  of  access  for  each ;  and  unless 
placed  at  a  remote  distance,  one  from  the  other,  the  approaches 
or  walks  thereto  shall  be  separated  by  a  substantial  close 
fence,  not  less  than  seven  feet  high  ;  and  it  shall  be  the  duty 
of  the  said  Commissioners  to  make  provisions  for  keeping 
the  said  water  closets  or  out-houses  in  clean,  comfortable,  and 
healthful  condition. 

I47C.  Any  failure  on  the  part  of  said  Public  School  Com- 
missioners to  comply  with  the  provisions  of  this  Act  shall 
make  them  liable  to  be  removed  from  office  by  any  Court 
of  competent  jurisdiction,  either  in  the  City  of  Baltimore 
or  in  any  county  where  the  schools  may  be  located,  upon  com- 
plaint made  to  the  Court,  under  oath  or  affirmation  of  not  less 
than  five  taxable  citizens  residents  in  the  said  school  district 
in  which  the  school  complained  of  is  located;  provided, 
nothing  in  this  Act  shall  affect  the  counties  of  Caroline, 
Kent,  Dorchester,  Somerset,  Baltimore,  Worcester,  Howard, 
Prince  George's  and  Frederick. 


OF    MARYLAND. 


by  new  appointment,  but  if  it  be  found  impossible  to 
secure  competent  persons  who  will  act  in  this  capacity, 
then  the  duties  of  the  Board  of  District  School  Trus- 
tees for  the  particular  district  shall  devolve  upon  the 
Board  of  County  School  Commissioners. 


CHAPTER  VI. — School  Houses  and  Sites.       _  j 
1872,  ch.  377. 

32.  It  shall  be  the  duty  of  the  Board  of  County 
School  Commissioners  to  select  a  suitable  school  house 
site  in  each  district  whenever  the  necessities  of  the 
Public  School  demand  a  change  of  site  or  sites  already 
built  upon,  or  a  new  school  house  site  to  be  built. 

1870,  ch.  311 ;  1872,  ch.  377,  sub-ch.  6,  sec.  2;  1874,  ch.  463. 

33.  The   Board   of    County    School    Commissioners 
may  receive  donations  for  such  sites  or  locations  for 
school  houses,  or  of  house  already  built  adapted  to 
school  purposes,  or  suitably  located,  or  may  purchase 
the  same;  but  in  no  case  shall  any  site  be  built  upon 
or  any  house  be  occupied  until  a  good  and  sufficient 
title  shall  have  been  obtained  for  the  same  in  the  cor- 
porate name  of  the  Board  of  County  School  Commis- 
sioners.   In  cases,  however,  where  the  property  owned 
by  the  Board  of  County  School  Commissioners  in  any 
School  District  proves  unsuited  for  school  purposes, 
the  Board  is  authorized  to  sell  or  lease  the  same,  and 
to  appropriate  the  amount  obtained  by  such  sale  or 
lease  to  the  purchase  or  lease  of  a  proper  school  house 
at  a  suitable  location  for  the  said  district. 

1872,  ch.  377. 

34.  When  the  lands  shall  be  required  for  the  site  of 
a  school  house,  or  for  enlarging  a  school  house  lot,  and 
the  Board  of  County  School  Commissioners  shall  from 
any  cause  be  unable  to  contract  with  the  owner  thereof, 
the  Board  of  County  School  Commissioners  may  apply 
for  a  writ  of  ad  quod  damnum  to  the  Clerk  of  the 
Circuit    Court    for    the   county,    who    shall    forthwith 
issue  the  same,  and  the  Sheriff  shall  execute  the  said 
writ  and  return  an  inquisition  describing  the  land  and 
stating  the  amount  of  damages  to  be  paid  to  the  owner ; 


Select  site   for 
school  houses. 


Receive     dona- 
tions of  sites, 
purchase, 
sell,  and 
lease. 


*** 


Unable  to  con- 
tract for  land 
required. 


PUBLIC   SCHOOL   LAW 


To  make  inqui- 
sition. 


The  cost:  how 
paid. 


and  the  Judge  of  the  Circuit  Court  for  the  county  may, 
at  any  time  after  the  return  of  the  inquisition,  in  term 
or  during  recess,  hear  a  motion  to  confirm  such  inqui- 
sition, on  such  notice  to  the  parties  as  he  may  direct, 
and  confirm  or  quash  the  same ;  and  if  he  quashes  the 
inquisition,  he  shall  order  a  new  one  forthwith  to  be 
taken ;  but  no  lot  so  taken  or  enlarged  shall  exceed,  in 
the  whole,  one  acre,  including  the  land  occupied  by 
the  school  building. 

35.  In  all  case  when  school  house  sites  are  thus 
purchased  or  condemned  the  cost  thereof  shall  be  paid 
as  other  school  house  property  is  paid  for. 

Hfurnishedand  3^'  Every  schsool  house  shall  be  built  and  furnished 
according  to  plans  and  drawings  issued  from  the  office 
of  the  County  School  Commissioners. 

CHAPTER  VII. — Schools. 
1872,  ch.  377- 

37.  The  schools  under  the  charge  of  the  Board  of 
County  School  Commissioners  for  each  county  shall 
respectively  be  designated  School  No.  I,  2,  3,  and  so 
forth,  of  their  respective  election  districts. 

38.  In  every  school  house  district  in  each  county, 
established    as   hereinafter    provided,   there   shall    be 
kept  for  ten  months  in  each  year,  if  possible,  one  or 
more  schools,  according  to  population,  which  shall  be 
free  to  all  white  youths  over  six  and  under  twenty- 
one  years  of  age. 

1904,  ch.  584. 

39.  In  every  District  School  there  shall  be  taught 
orthography,  reading,  writing,  subjects  for  language 
training,    English    grammar,    geography,    arithmetic, 
history  of  the  United  States,  good  behavior,  the  Con- 
stitution of  the  United  States,  Constitution  and  history 
of  Maryland,  vocal  music,  drawing,  physiology,  laws 
of  health  and  domestic  economy,  civil  government ;  and 
the  elements  of  agricultural  science  may,  in  the  dis- 
cretion of  the  State  Board  of  Education,  be  added  to 
the  branches  required  to  be  taught  in  the  State  Normal 
School  and  in  the  Public  Schools  of  the  various  coun- 
ties of  the  State. 


Designation. 


Time  shall  be 
kept  open. 


Branches  to  be 
taught. 


OF     MARYLAND. 


21 


40.  The  nature   of  alcoholic   drinks  and  narcotics, 
with  special  instruction  as  to  their  effects    upon    the 
human   system,  in  connection   with  the   several   divi- 
sions of  the  subjects  of  physiology  and  hygiene,  shall 
be  included  in  the  branches  of  study  taught  in  the 
Common  Schools,  and  shall  be  taught  to  and  studied 
by  all  pupils  whose  capacity  will  admit  of  it,  in  all 
departments  of  the  Public  Schools  of  the  State,  and  in 
all  educational  institutions  supported  wholly  or  in  part 
by  money  from  the   State ;  and   said   study  shall  be 
taught  to  and  studied  by  pupils  in  said  schools  as  thor- 
oughly and  in  the  same  manner  as  other  like  branches 
are  there  taught  and  studied,  with  text-books  in  hands 
of  pupils,'  where  other  like  branches  are  thus  studied. 

1872,  ch.  377. 

41.  It  shall  be  the  duty  of  Boards  of  County  School 
Commissioners,  and  of  the  Board  of  Commissioners  of 
Public   Schools   of   Baltimore   City,   County   Superin- 
tendents, Superintendents  of  Public  Schools  of  Balti- 
more City,  and  Boards  of  all  educational  institutions 
receiving  aid  from  the  State  to  enforce  the  provisions 
of  the  preceding  section. 

1904,  ch.  584. 

42.  Whenever  a   school   numbers   more  than   forty 
children  in  the  average  attendance,  an  assistant  may  be 
employed  by  the  Board  of  County  School  Commission- 
ers, in  their  discretion ;  and  for  every  additional  forty 
children,  one  teacher  may  be  appointed. 

43.  Whenever  the  average  attendance  in  any  school 
for  any  two  consecutive  terms  is  less  than  ten  pupils, 
the  said  school  may  be  closed  by  the  Board  of  County 
School   Commissioners;   provided  that  the   Board   of 
District  School  Trustees  may  keep  the  school  open  in 
part  at  the  expense  of  the  district,  and  shall  receive 
their  proportion  of  the  School  Fund  for  said  school, 
rating  a  full  school  at  twenty  scholars. 

1872,  ch.  377. 

44.  Public  examinations  shall  be  held  in  each  school 
twice  a  year,  of  which  due  notice  shall  be  given,  that 
parents  and  others  interested  in  education  may  attend. 


Stimulants  and 
narcotics. 


Duty  to  enforce 


Assistant   may 
be  employed. 


May  close 
schools. 


Examinations. 


PUBUC   SCHOOL   LAW 


Hours  for 
teaching. 


Penalty  for  dis- 
turbing. 


Terms. 


Proviso. 


Holidays. 


Fraction  of 
term. 


45.  Schools  shall  be  kept  open  each  week  day,  ex- 
cept Saturday,  for  six  hours ;  and  the  hours  for  teach- 
ing shall  be  regulated  by  the  several  Boards  of  County 
School  Commissioners. 

46.  Any  person  who  shall  disturb  any  Public  School 
in    session    shall,    upon    conviction    thereof    before    a 
Justice  of  the  Peace,  be  deemed  guilty  of  a  misde- 
meanor, and  shall  forfeit  and  pay  twenty  dollars,  to  be 
collected  as  other  fines,  to  be  paid  to  the  Board  of 
District  School  Trustees  for  the  benefit  of  the  school 
house  district;  or  said  offender  shall  be  imprisoned 
not  exceeding  thirty  days,  or  both,  in  the  discretion 
of  the  Justice  of  the  Peace. 

1904,  ch.  584. 

47.  The  school  year  shall  be  divided  into  four  terms, 
which  shall  be  designated  Fall  Term,  Winter  Term, 
Spring  Term  and  Summer  Term ;  and  the  time  of  be- 
ginning and  closing  each  term  shall  be  regulated  by 
the  Board  of  County  School  Commissioners ;  provided, 
that  the  financial  reports  of  the  schools  of  the  State 
shall  be  made  up  and  rendered  to  the  thirty-first  day  of 
July,  inclusive,  of  each  and  every  year ;  and  provided, 
further,  that  there  be  no  change  in  or  encroachment 
upon  the  holidays  and  vacations  set  forth  and  estab- 
lished in  the  following  paragraph : 

The  months  of  July  and  August  shall  be  vacation 
throughout  the  whole  State,  and  the  following  days 
shall  be  holidays,  viz. :  Thanksgiving  Day,  from  Christ- 
mas Eve  to  the  first  day  of  January,  inclusive,  and 
from  the  Friday  before  Easter  to  the  Monday  after 
Easter,  inclusive;  on  Washington's  Birthday  the 
schools  shall  devote  a  portion  of  the  day  to  exercises 
bearing  on  the  life  and  services  of  "The  Father  of  Our 
Country ;"  Maryland  Day  shall  be  observed  at  such  a 
time  and  in  such  manner  as  the  State  Board  of  Educa- 
tion may  direct. 

In  case  it  may  be  necessary  to  open  school  for  a  frac- 
tion of  a  term,  it  shall  close  at  the  end  of  the  term, 
and  all  accounts  shall  be  settled  at  the  meeting  of  the 
Board  of  County  School  Commissioners,  held  at  the 
end  of  the  term. 


OF     MARYLAND. 


CHAPTER  VIII. — Teachers. 
1904,  ch.  584. 

48.  No  person  shall  be  .employed  as  a  teacher  under 
this  Article  unless  such  person  shall  hold  a  certificate 
of  qualification   (a)    issued  by  the  Superintendent  of 
the  county  in  which  he  or  she  proposes  to  teach ;  (b) 
a,  certificate  from  a  principal  of  a  State  Normal  School 
of  Maryland,  or  of  the  principal  of  the  Normal  De- 
partment of  Washington  College;    (c)    a  diploma  of 
a  State  Normal  School  of  Maryland,  or  of  the  prin- 
cipal of  the  Normal  Department  of  Washington  Col- 
lege; (d)  a  Normal  School  diploma  of  another  State 
endorsed  by  the  State  Superintenden  of  Public  Educa- 
tion, or  a  diploma  from  the  Normal  Department  of  a 
school  or  college  of  this  State,  recognized  as  such  by 
the  State  Board  of  Education ;  or  (e)  a  certificate  from 
the  State  Board  of  Education,  as  herein  provided. 

49.  Principal    teachers    shall   be    appointed   by    the 
Board  of  District  School  Trustees,  subject  to  confir- 
mation by  the  Board  of  County  School  Commissioners ; 
and  said  teachers  may  be  removed  at  any  time  said 
Board  of  District  School  Trustees  may  think  proper, 
•after  thirty  days'  notice  in  writing ;  provided,  further, 
that  the  said  Board  of  District  School  Trustees  shall 
furnish,  in  writing,  when  required  by  the  teacher  so 
notified,  the  reasons  for  dismissal ;  provided,  further, 
that  the  right  of  appeal  shall  lie  to  the  Board  of  County 
School  Commissioners,  whose  action  in  confirming  or 
rejecting  the  action  of  the  District  Trustees  shall  be 
final. 

1870,  ch.  311;  1872,  ch.  377,  sub-ch.  8,  sec.  3,  1874,  ch.  463. 

50.  Teachers  shall  enter  into  their  quarterly  reports 
an  accurate  account  of  the  attendance  of  pupils,  of 
text-books  used  and  branches  taught,  and  such  other 
statistics  as  may  be  required,  and  make  due  returns 
thereof  to  the  Board  of  County  School  Commissioners 
at  the  end  of  each  term;  and  no  teacher  shall  be  en- 
titled to  receive  payment  for  services  until  the  quar- 
terly report,  properly  filled  up  and  completed,  shall  be 
so  returned.     The  quarterly  reports  shall  be  filed  by 
the  Board  of  County   School  Commissioners   for  the 


Removal  of 
teachers. 


Right  of  appeal 


Teachers  quar- 
terly reports 


PUBLIC   SCHOOL   LAW 


May  examine 
charges    pre- 
ferred. 


Proviso. 


Certificates. 


Salaries. 


Teachers'  retir- 
ing list. 


purpose  of  making  the   annual   returns  to  the   State 
Board  of  Education. 

School  Com.  vs.  Adams,  43  Md.,  349. 
1872,  ch.  377- 

51.  The    Board   of   County    School    Commissioners 
shall  examine  any  charge  preferred  against  the  moral 
character   of   any   teacher   within   their   county ;   they 
shall  give  the  teacher  reasonable  notice  of  the  charge 
in  writing,  and  an  opportunity  to  defend  himself;  and 
if    the    charge    be    sustained,    they    shall    annul    the 
teacher's  certificate,  and  shall  give  notice  thereof  to 
the  State  Board  of  Education;  provided,  that  an  ap- 
peal shall  lie  to  the  State  Board  of  Education,  whose 
decision  shall  be  final. 

1904,  ch.  584. 

52.  Any  person  holding  a  first-class  teachers'  cer- 
tificate, or  a  diploma  of  a  respectable  college,  or  of  a 
State  Normal  School,  who  has  been  a  teacher  for  seven 
years,  of  which  five  shall  have  been  spent  in  the  State 
of  Maryland,  may  apply  to  the  State  Board  of  Educa- 
tion for  a  Life  Certificate,  which,  if  granted,  "shall  ex- 
empt him  or  her  from  any  further  examinations;  said 
certificate  may  be  annulled  by  sard  Board  at  any  time 
on  account  of  immoral  or  unprofessional  conduct. 

53.  The  salaries  of  the  teachers  of  each  county  shall 
be  fixed  by  the  Board  of  County  School  Commission- 
ers ;   provided,   that   no  white   teacher   regularly  em- 
ployed in  a  Public  School  of  the  State  of  Maryland,, 
having  an  average  attendance  of  fifteen  pupils  or  more, 
shall  receive  as  a  salary  less  than  three  hundred  dollars 
per  school  year. 

1906,  ch.  475^. 

AN  ACT  to  repeal  and  re-enact  with  amendments  Sec- 
tion 58  of  Article  77  of  the  Code  of  Public  General 
Laws  of  Maryland  of  1904,  title  "Public  Education. 'r 

Section  58.  Whenever  any  person  in  this  State  has 
taught  in  any  of  the  public  or  normal  schools  thereof 
twenty-five  years,  and  has  reached  the  age  of  sixty 


OF     MARYLAND. 


years,  and  his  or  her  record  as  such  teacher  has  been 
without  reproach,  and  by  reason  of  physical  or  mental 
disability  or  infirmity  is  unable  to  teach  longer,  and 
who,  moreover,  is  without  the  means  of  comfortable 
support,  the  said  teacher  may  lay  his  or  her  case  before 
the  State  Board  of  Education,  supported  in  all  cases  by 
the  recommendation  of  the  board  of  county  school  com- 
missioners of  the  county  in  which  said  teacher  has  last 
taught,  and  the  said  Board  shall  proceed  to  consider  the 
same,  and  if  the  facts  are  found  as  above  stated,  the 
said  teacher  shall  be  placed  on  a  list,  a  record  of  which 
shall  be  kept  by  the  said  board,  to  be  known  as  the 
"Teachers'  Retired  List,"  and  the  names  upon  the 
"Teachers'  Retired  List"  shall  be,  on  or  before  the  first 
day  of  October  of  each  and  every  year,  certified  to  by 
said  board  to  the  Comptroller  of  fhe  Treasury  of  this 
State ;  and  every  person  so  placed  upon  said  retired  list 
shall  be  entitled  to  receive  a  pension  from  the  State  of 
two  hundred  dollars  per  annum,  to  be  paid  quarterly  by 
the  Treasurer  of  this  State,  upon  the  warrant  of  the 
Comptroller,  so  long  as  the  said  pensioner  is  without 
other  means  of  comfortable  support;  that  the  sum  of 
twenty-five  thousand  dollars  per  annum,  or  as  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  out 
of  any  moneys  in  the  treasury  not  otherwise  appropri- 
ated, to  carry  into  effect  the  provisions  of  this  Act. 

1906,  ch.  437. 

AN  ACT  regulating  the  qualifications  of  and  salaries  of 
certain  school  teachers  of  the  White  Public  Schools 
of  Montgomery  County,  Maryland. 

•>  SECTION  i.  Be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  the  salaries  of  principal  teachers  of  the 
white  public  schools  of  Montgomery  county,  in  schools 
where  the  corps  of  teachers  consist  of  a  principal 
teacher  and  one  regularly  appointed  teacher,  subordi- 
nate to  the  principal  teacher,  shall  be  five  hundred  dol- 
lars ($500.00)  for  a  school  year,  and  in  schools  where 
the  corps  of  teachers  consist  of  a  principal  teacher  and 
more  than  one  regularly  appointed  teacher,  subordinate 
to  the  principal  teacher,  the  salary  of  such  principal 
teacher  shall  be  as  many  hundred  dollars  in  excess  of 


Appropriation. 


Salaries  of 
principal 
teachers.. 


-26 


PUBUC   SCHOOL   LAW 


Who  are  called 
principal 
teachers. 


JSTot  to  be  in- 
cluded. 


Salary  may  be 
increased  or 
decreased. 


five  hundred  dollars  per  school  year  as  there  are  addi- 
tonal  regularly  appointed  subordinate  teachers  in  ex- 
cess of  one ;  the  salaries  named  may,  in  the  discretion  of 
the  County  School  Commissioners  be  increased,  but  the 
percentage  of  increase  shall  be  the  same  as  to  all  prin- 
cipal teachers  of  schools  having  a  principal  teacher  and 
one  or  more  teachers  subordinate  to  said  principal 
teacher;  and  in  the  event  there  shall  be  a  deficiency  in 
any  year  in  the  revenues  of  the  said  County  School 
Commissioners,  the  salaries  of  all  teachers  in  said 
county  may,  in  the  discretion  of  the  said  County  School 
Commissioners,  be  reduced  during  the  period  of  such 
deficiency  of  revenue,  and  the  said  reduction  shall  be  in 
direct  proportion  to  the  salaries  received  by  each 
teacher. 

SEC.  2.  For  the  purposes  of  this  Act  the  principal 
teacher  of  a  high  school,  the  vice-principal  teacher  of 
a  high  school  and  the  principal  teacher  of  a  grammar 
school  connected  with  a  high  school  shall  be  accounted 
a  "principal  teacher,"  but  the  grammar  school  principal 
teacher  and  all  assistant  teachers  of  the  grammar  school 
connected  with  the  high  school,  as  well  as  all  assistant 
teachers,  if  any,  of  the  high  school,  shall  be  accounted 
as  teachers  subordinate  to  the  vice-principal  teacher  of 
the  high  school ;  and  all  the  said  assistant  teachers,  the 
grammar  school  principal  teacher,  if  any,  and  the  said 
vice-principal  teacher,  shall  be  accounted  as  teachers 
subordinate  to  the  high  school  principal  teacher. 

SEC.  3.  For  the  purposes  of  this  Act  manual  training 
teachers  and  teachers  of  similar  courses  shall  not  be  in- 
cluded among  the  "teachers  subordinate  to  the  principal 
teacher,"  unless  they  teach  in  one  school  only  and  are  as 
directly  under  the  control  and  supervision  of  the  princi- 
pal teacher  of  the  school  as  are  the  assistant  teachers  of 
the  regular  graded  courses. 

SEC.  4.  When  during  a  school  year  it  shall  become 
necessary  to  regularly  appoint  one  or  more  additional 
teachers  to  the  corps  of  teachers  of  a  school,  or  to  de- 
crease the  number  of  teachers  assigned  to  a  school,  the 
salary  of  the  principal  teacher  or  principal  teachers 
connected  with  the  school  shall  be  correspondingly  in- 
creased or  decreased  in  accordance  with  this  Act. 


OF     MARYLAND. 


SEC.  5.  This  Act  shall  become  operative  and  take 
''effect  for  the  school  year  of  1906-1907  and  succeeding 
school  years. 

1906,  ch.  236. 

.AN  ACT  to  amend  Article  77  of  the  Code  of  Public 
General  Laws,  title  ''Public  Education,"  by  repealing 
and  re-enacting  Chapter  299  of  the  laws  of  1904, 
which  added  to  said  Article,  Sections  139,  140  and 
141,  under  the  sub-title  "School  Attendance,"  and  by 
adding  a  new  section  to  be  numbered  as  Section  142. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  the  Sections  139,  140;  141,  of  Article 
.77  of  the  Code  of  Public  General  Laws,  title  "Public 
Education,"  under  the  sub-title  "School  Attendance," 
are  hereby  repealed  and  re-enacted  as  follows,  and  that 
a  new  section  be  added  to  follow  Section  141,  to  be 
numbered  and  designated  as  Section  142. 

139.  Every  deaf  or  blind  child  between  six  and  six- 
teen years  of  age  shall  attend  some  school  for  the  deaf 
or  blind  for  eight  months,  or  during  the  scholastic  year, 
unless  it  can  be  shown  that  the  child  is  elsewhere  re- 
-ceiving  regularly  thorough  instruction  during  the  said 
period,  in  studies  usually  taught  in  the  said  public 
•schools  to  children  of  the  same  age ;  provided,  that  the 
'superintendent  or  principal  of  any  school  for  the  deaf 
-or  blindj  or  person  or  persons  duly  authorized  by  such 
superintendent  or  principal,  may  excuse  cases  of  neces- 
sary absence  among  its  enrolled  pupils;  and  provided, 
further,  that  the  provisions  of  this  section  shall  not 
apply  to  a  child  whose  physical  condition  is  such  as  to 
render  its  instruction,  as  above  described,  inexpedient 
or  impracticable.  Every  person  having  under  his  or 
her  control  a  child  between  six  and  sixteen  years  of 
age  shall  cause  such  child  to  attend  school  or  receive 
instruction  as  required  by  this  section. 

I39A.  Provided  that  where  the  parent,  guardian  or 
any  other  person  having  control  of  a  deaf  or  blind 
child,  is  not  financially  able  to  pay  for  the  transporta- 
tion of  the  child  to  and  from  such  school,  the  same  shall 
be  paid  out  of  the  State  appropriation  for  the  school 
which  the  child  attends ;  provided,  that  three  reputable 


Repeal  and  re- 
enact 


Compulsory 
education    of 
deaf  children. 


28 


PUBLIC   SCHOOL   LAW 


Guilty  of  mis- 
demeanor. 


Guilty  of  mis- 
demeanor 


Names  of 
children 
between  six 
and  sixteen 
years  who  do 
not  attend 
school  to   be 
furnished 
proper 
authorities. 


male  citizens  over  the  age  of  twenty-one  years,  resi- 
dents of  the  school  district  in  which  the  said  child  re- 
sides, shall  certify  under  oath  that  to  the  best  of  their 
knowledge  and  belief  the  parent,  guardian  or  other 
person  having  control  of  such  child  is  not  financially 
able  to  pay  the  expense  of  the  child  to  and  from  school. 

140.  Any  person  who  has  such  a  child  under  his  or 
her  control,  and  who  fails  to  comply  with  any  of  the 
provisions  of  the  preceding  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction 
thereof,  before  a  justice  of  the  peace,  be  fined  a  sum 
not  exceeding  five  dollars  for  each  offence. 

141.  Any  person  who  induces  or  attempts  to  induce 
any  deaf  or  blind  child  to  absent  himself  or  herself  un- 
lawfully from  school,  or  employs  or  harbors  any  such 
child  absent  unlawfully  from  school,  while  said  school 
is  in  session,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof  before  a  justice  of 
the  peace,  be  fined  a  sum  not  exceeding  fifty  dollars  for 
each  offence. 

142.  The  principal  teacher  of  every  public  school  in 
the  counties  and  the  truant  officers  of  the  City  of  Bal- 
timore shall,  within  thirty  days  from  the  beginning  of 
the  school  year  succeeding  the  passage  of  this  Act,  fur- 
nish the  Board  of  County  School  Commissioners  or  the 
Board  of  Education  of  Baltimore  City,  as  the  case  may 
be,  with  the  names  of  all  children  who  are  deaf,  blind 
or  feeble  minded,  between  the  ages  of  six  and  sixteen 
years,  inclusive,  living  within  the  boundaries  of  his  or 
her  school  district  who  do  not  attend  school.    And  the 
Board  of  County  School  Commissioners  or  Board  of 
Education  of  Baltimore   City   shall   certify   forthwith 
the  names  of  all  such  deaf,  blind  or  feeble  minded  chil- 
dren to  the  respective  principals  of  the  State  schools 
for  such  children. 

SEC.  2.  And  be  it  enacted,  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 


OF    MARYLAND. 


29 


1906,  ch.  287. 

AN  ACT  to  authorize  and  direct  the  Board  of  School 
Commissioners  of  Prince  George's  County  to  pay 
Luella  R.  Palhemus  an  amount  of  money  equal  to 
teacher's  salary  for  the  time  she  taught  Public 
School  No.  3,  District  No.  5,  of  said  county. 

WHEREAS,  Luella  R.  Palhemus,  under  an  appoint- 
ment of  the  board  of  district  school  trustees  for  Public 
School  No.  3,  of  District  No.  5,  of  Prince  George's 
county,  took  charge  of  said  school  on  October  the  loth, 
A.  D.  1904,.  and  taught  therein  until  January  the  I7th, 
A.  D.  1905,  and  again  took  charge  of  said  school  at  the 
beginning  of  the  scholastic  year  in  September,  1905, 
and  taught  therein  until  February  I7th,  A.  D.  1906, 
when  she  relinquished  said  school  in  accordance  with 
the  decision  of  the  Court  of  Appeals  of  Maryland  in 
the  case  of  Robert  Lee  Manning,  Thomas  M.  Under- 
wood and  Clinton  Johnson  vs.  the  Board  of  County 
School  Commissioners  of  Prince  George's  county  et  al.} 
January  term,  1906;  and 

WHEREAS,  Said  appointment  of  said  Luella  R.  Palhe- 
mus was  made  under  supposed  authority  of  law,  the 
error  of  which  was  not  and  could  not  be  known  until 
said  decision  of  the  Court  of  Appeals,  and  under  such 
circumstances  it  is  just  that  said  Palhemus  be  paid  for 
her  services  rendered  as  aforesaid;  therefore, 

SECTION  i.  Be  it  enacted  by  the  General  Assembly 
of  Maryland,  That  the  Board  of  County  School  Com- 
missioners of  Prince  George's  county  be  and  it  is  here- 
by authorized  and  directed  to  pay  to  Luella  R.  Palhe- 
mus an  amount  of  money  equal  to  what  would  be  her 
salary  as  teacher  of  Public  School  No.  3,  District  No. 
5,  of  said  county,  as  per  her  report  as  such  teacher,  less 
any  money  already  paid  to  her  on  account  thereof. 

SEC.  2.  And  be  it  enacted,  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 

\ 

Approved  April  2,  1906. 


Preamble. 

Case  of 
Luella  R. 
Palhemus. 


Sum  of  money 
to  be  paid. 


3O  PUBLIC   SCHOOL   LAW 


COURT  OF  APPEALS  OF  MARYLAND. 


January  Term,  1906. 


THOMAS  M.  UNDERWOOD,  et  al, 

vs. 

THE  BOARD  OF   COUNTY   SCHOOL   COMMISSIONERS  OF   PRINCE: 
GEORGE'S  COUNTY,  et  al 


ELLA  M.  QUEEN  NALLEY 

vs.  • 
THOMAS  M.  UNDERWOOD,  et.  al. 


Judge  Boyd  delivered  the  opinion  of  the  Court. 

The  appellants,  as  taxpayers  of  Prince  George's  County,, 
filed  a  bill  in  equity  against  the  Board  of  County  School  Com- 
missioners of  that  county,  the  Secretary  and  Treasurer  of  the 
Board  and  Mrs.  Nalley,  to  enjoin  the  Board  and  the  Secre- 
tary and  Treasurer  from  paying  Mrs.  Nalley  any  salary  as 
principal  teacher  of  a  public  school  in  that  county,  from 
October  10,  1904,  to  January  10,  1905,  and  from  January  18 ; 
to  February  i,  1905,  and  to  enjoin  Mrs.  Nalley  from  receiv- 
ing the  same.  The  Court  granted  a  preliminary  injunction 
and  the  Board  and  Mrs.  Nalley  each  filed  a  demurrer  to  the- 
bill.  The  demurrers  were  overruled,  but  in  the  same  order 
the  injunction  was  modified  and  rescinded  in  so  far  as  it  re- 
strained and  forbade  the  Board  and  the  Secretary  and  Treas- 
urer from  paying  any  salary  to  Mrs.  Nalley  from  January 
18,  1905,  to  February  i,  1905.  From  the  order  modifying  and 
rescinding  the  injunction,  as  stated  above,  this  appeal  was 
taken  by  the  plaintiffs,  and  from  the  order  overruling  the1 
demurrer  an  appeal  has  since  been  taken  by  Mrs.  Nalley. 

The  bill  alleges  that  Messrs.  Underwood  and  Johnson,  two 
of  the  appellants,  and  Leroy  C.  Towles  were  appointed  trus- 
tees of  that  school  in  May,  1900,  and  were  reappointed  for 
the  years  1901  and  1902 ;  that  the  three  complainants  were 
appointed  trustees  in  May,  1903,  and  again  in  May,  1904.  The 
bill  states  that  the  trustees  did  not  take  any  oath  of  office 
after  May,  1900,  but  they  organized  and  continued  in  dis- 
charge of  their  duties  as  trustees.  In  August,  1900,  the  trus- 
tees appointed  Ella  M.  Queen  principal  of  said  school, 
and  her  appointment  was  duly  confirmed  by  the  commission- 
ers. A  "Teacher's  Appointment  Blank"  is  made  part  of  the 
bill,  and  it  is  alleged  that  such  form  was  used  and  properly 
executed.  It  contains  a  provision  that  "This  contract  is  to 
continue  from  term  to  term,  and  from  year  to  year,  subject 
to  revocation  at  any  time  by  either  of  the  parties  thereto, 
giving  the  other  30  days'  notice,  in  writing,  to  that  effect,  of 
which  revocation  due  written  notice  must  also  be  given  to- 


OF    MARYLAND.  3J 

the  County  School  Board."  That  contract  was  made  prior 
to  the  change  in  the  statute  hereinafter  referred  to.  Miss 
Queen  continued  as  such  teacher  from  year  to  year,  and 
entered  upon  the  discharge  of  her  duties  for  the  scholastic  year 
1903-1904,  and  while  so  acting,  to- wit:  On  the  23d  of  De- 
cember, 1903,  sent  a  letter  to  each  of  the  three  trustees  telling 
them  she  was  to  be  married  on  the  26th  of  that  month,  and  on 
that  date  did  marry  Henry  Nalley.  In  her  letter  to  the  trus- 
tees she  said  "I  will  continue  to  teach  until  the  end  of  this 
scholastic  year,  June  15,  1904."  On  June  9th,  1904,  she  wrote 
to  each  of  the  trustees,  "If  satisfactory  to  you,  I  will  teach 
at  this  school  another  scholastic  year.  I  have  written  my  in- 
tention to  each  trustee.  I  trust  my  act  meets  your  approval." 
On  August  13,  1904,  the  trustees  notified  her  in  writing  that 
her  "resignation  was  accepted,"  and  on  the  same  day  ap- 
pointed Luella  R.  Palhemus  principal  of  the  school.  Mrs. 
Nalley  appealed  to  the  County  Board,  and  it  passed  an  order 
that  "the  Board  does  not  consider  that  she  had  resigned  her 
school  and  consequently  the  appointment  of  a  new  teacher 
cannot  be  confirmed."  The  trustees  then,  acting  for  them- 
selves and  also  upon  the  advice  of  two  of  the  commissioners,, 
undertook  to  remove  Mrs.  Nalley  by  a  written  notice,  which 
she  received  on  or  before  September  9th,  which  said :  "You 
are  hereby  notified  that  your  services  as  teacher  of  the  afore- 
said school  will  not  be  required  after  the  tenth  of  October, 
1904.  Said  day  being  no  less  than  thirty  days  from  present 
date."  She  then  required  them  to  .  furnish  her  with  the 
reasons  for  her  removal,  and  on  September  loth  they  wrote 
to  her :  "We,  the  undersigned  trustees  of  above  named  school, 
believe  it  for  the  best  interest  of  the  school  that  we  notify 
you  that  your  services  as  teacher  of  the  aforesaid  school  will 
not  be  required  after  the  tenth  day  of  October,  1904." 

She  appealed  to  the  County  Board,  and  on  September  29, 
1904,  it  passed  an  order  that  the  trustees  be  sustained  and' 
mother  order  that  the  appointment  of  Miss  Palhemus  be  con- 
firmed. Mrs.  Nalley  then  assumed  charge  of  the  school  from 
the  beginning  of  the  scholastic  year  until  October  loth,  inclu- 
sive, when  she  relinquished  it  and  it  was  taken  charge  of  by 
Miss  Palhemus.  Mrs.  Nalley,  in  the  presence  of  the  district 
school  trustees,  entered  an  appeal  to  the  State  Board  of  Edu- 
cation and  the  County  Board  forwarded  to  the  State  Board 
copies  of  the  two  letters  sent  to  Mrs.  Nalley  by  the  trustees. 
The  State  Board  without  notice  to  the  trustees,  or  Miss 
Polhemus,  of  a  hearing,  passed  a  resolution,  as  follows : 
"Resolved,  That  the  words  'We,  the  undersigned  trustees, 
of  above  named  school,  believe  it  for  the  best  interest  of  the 
school,  does  not  constitute  reasons  as  provided  for  by  Section 
49  of  Article  77  of  the  Code,  and  that  the  alleged  notice  was 
not  in  conformity  with  law."  That  was  sent  to  the  County 
Board  by  the  State  Board,  and  on  January  3  the  County 
Board  ordered  that  in  view  of  the  action  of  the  State  Board 
the  question  be  referred  back  to  the  trustees  for  a  more 
specific  reason  for  removal,  and  fixed  January  I7th  for  a 
hearing.  On  that  date  the  County  Board  passed  an  order  that 
in  view  of  the  decision  of  the  State  Board,  no  further  reason 


.32  PUBLIC   SCHOOL   LAW 

for  the  removal  having  been  submitted  by  the  trustees,  the 
former  action  of  the  trustees  in  removing  Mrs.  Nalley  and 
appointing  Miss  Palhemus  "be  and  the  same  is  hereby  re- 
scinded and  Mrs.  Nalley  is  recognized  as  the  teacher  of  said 
school." 

The  bill  then  alleges  that  Mrs.  Nalley  forcibly  took  pos- 
session of  the  school  on  January  i8th,  against  the  protest  of 
Miss  Palhemus,  and  had  retained  possession  up  to  the  time 
the  bill  was  filed,  which  was  January  3ist,  1905.  Miss  Pal- 
hemus notified  the  County  Board  of  Mrs.  Nalley's  action, 
stated  her  readiness  to  perform  the  duties  and  said  she  would 
take  legal  measures  to  recover  the  amounts  due  her. 

The  appellants  contend  that  they  are  entitled  to  relief 
because : 

1.  The  letter  of  Mrs.  Nalley  of  December  23,  1903,  was  a 
resignation;   that  said   resignation  was   duly  accepted  by  the 
trustees,  and  she  was  never  afterwards  appointed  or  recog- 
nized by  them. 

2.  That  if  that  be  not  correct,  she  ceased  to  be  the  teacher 
after  October  10,  1904,  and  that  Miss  Palhemus  became  the 
principal  on  October  nth,  and  they  claim  that  the  action  of 
the  State   Board  and  that  of  the  County  Board  subsequent 
thereto  were  beyond  their  powers. 

First — It  seems  perfectly  clear  to  us  that  the  letter  of  De- 
cember 23d,  1903,  was  not  a  resignation.  It  only  said  "I  will 
continue  to  teach  until  the  end  of  this  scholastic  year,  June 
15,  1904."  It  was  very  proper  to  give  notice  to  the  trustees, 
not  only  of  her  contemplated  marriage,  but  of  her  intention 
to  continue  teaching  until  the  end  of  the  year,  as  otherwise 
they  might  have  been  in  doubt  on  that  subject.  But  before 
any  action  was  taken  on  what  the  trustees  treated  as  a  resig- 
nation, she  wrote  the  letter  of  June  9,  which  should  have  re- 
moved any  question  about  it.  The  County  Board,  by  its 
order  of  August  23,  expressly  said  that  it  did  not  consider 
that  Mrs.  Nalley  had  resigned  and  refused  to  confirm  the 
new  appointment.  So  there  can  be  no  question  that  Miss 
Palhemus  acquired  no  rights  by  reason  of  the  supposed 
resignation  of  Mrs.  Nalley,  as  principal  teachers  appointed 
"by  the  trustees  must  be  confirmed.  Sec.  53  of  Art.  77  of  Code 
of  1904,  School  Board  vs.  Wagaman,  84  Md.,  151. 

Second  was  the  notice  of  the  trustees  of  September  8th,  in 
•connection  with  their  letter  of  September  loth,  1904,  suffi- 
cient to  remove  Mrs.  Nalley  on  October  loth?  Sec.  53  of 
Art.  77  provides  that  "Said  teachers  may  be  removed  at  any 
time  said  board  of  district  school  trustees  may  think  proper, 
after  thirty  days'  notice  in  writing;  provided,  further,  that  the 
said  board  of  district  school  trustees  shall  furnish,  in  writing, 
when  required  by  the  teacher  so  notified,  the  reasons  for  dis- 
missal." This  section  in  the  Code  of  1888  provided  that  the 
teacher  "may  be  removed  at  any  time  said  board  may  think 
proper,  after  thirty  days'  notice  to  the  teacher  in  writing." 
Chapter  460  of  the  Acts  of  1902  amended  it  in  the  terms  used 
in  the  present  Code,  excepting  the  word  "requested"  was 


OF    MARYLAND.  33 

used  instead  of  "required."  The  first  part  of  the  section  in  the 
Code  of  1888  and  in  the  Act  of  1902  provided  that  "Teachers 
shall  be  appointed  by  the  Board,"  etc.,  and  the  Act  of  1904, 
Chapter  584,  changed  that  to  "Principal  teachers,"  etc.,  and 
we  suppose  that  was  the  reason  for  passing  the  Act  of  1904. 
Jt  will  be  observed  therefore  that  the  Acts  of  1902  and  1904 
made  a  material  change  in  the  law,  and  it  cannot  be  doubted 
that  it  was  a  wise  one,  for  if  trustees  could  remove  a  teacher 
without  furnishing  reasons  for  the  dismissal,  it  might  seri- 
ously, and  very  injuriously,  affect  a  perfectly  competent 
teacher.  Unless  the  reasons  are  given,  the  public  may  think 
it  was  because  the  teacher  was  incompetent,  or  possibly  it 
might  affect  the  standing  of  such  teacher  in  other  respects. 
Therefore  when  the  Legislature  made  this  change  in  the  law 
it  meant  something,  and  could  not  be  complied  with  by  such  a 
reply  as  was  given  by  these  trustees — we  "believe  it  for  the 
best  interest  of  the  school."  That  might  be  because  the 
teacher  was  incompetent,  not  sufficiently  educated,  bad  tem- 
pered, unhealthy,  of  questionable  character,  of  some  political 
or  religious  faith  not  satisfactory  to  the  trustees,  or  for  one 
or  more  of  many  reasons  that  might  be  suggested.  Mrs. 
Nalley  acted  promtly  in  calling  for  reasons,  and  the  County 
Board  ought  to  then  have  required  them  to  be  given.  The 
letter  of  September  loth  furnished  none,  other  than  might 
have  been  read  into  the  notice  of  September  8th,  for  if  the 
trustees  had  a  proper  conception  of  their  duties  it  would  be 
presumed  that  they  believed  it  was  for  the  best  interest  of 
the  school  that  she  be  notified,  else  they  would  not  have  done 
it — but  why  they  did  so  belive,  this  statute  required  them  to 
disclose,  when  called  upon  by  the  teacher. 

But  it  is  contended  by  the  appellants  that  on  the  appeal  to 
the  County  Board  it  sustained  the  trustees,  and  that  under 
Section  53  it  "action  in  confirming  or  rejecting  the  action 
of  the  district  trustees  shall  be  final."  It  is  difficult  to  see 
how  the  appellants  can  consistently  contend  that  the  County 
Board  could  not  reverse  its  former  action,  for  the  only  ap- 
pointment of  Miss  Palhemus  that  was  ever  made  was  the  one 
of  August  13,  1904,  which  the  County  Board  on  apeal  re- 
jected on  August  23d.  If,  therefore,  the  County  Board  could 
on  September  29th  confirm  an  appointment  it  had  rejected  on 
August  23d,  on  the  ground  that  there  was  then  no  vacancy, 
surely  it  could  rescind  a  previous  order  which  had  worked 
manifest  injustice,  and  which,  upon  further  reflection,  would 
be  seen  by  the  Board  to  have  been  erroneous.  There  was  no 
vacancy  on  September  29th.  The  trustees  had  notified  Mrs. 
Nalley  that  her  services  would  not  be  required  after  October 
loth.  Under  the  statute  they  could  not  remove  her  until  after 
thirty  days'  notice  in  writing.  If  they  ever  did  remove  her 
after  thirty  days  from  September  8th,  when  the  notice  was 
dated,  the  bill  does  not  say  so,  and  yet  the  County  Board 
firmed  Miss  Palhemus  twelve  days  before  the  notice  had  ex- 
pired. It  cannot  be  douted  that  the  trustees  could  have  with- 
drawn the  notice  at  any  time  before  the  loth  of  October.  But 
the  statement  in  the  statute  that  the  action  of  the  County  Board 
shall  be  final  manifestly  only  meant  that  it  was  final  so  far  as 


34  PUBLIC   SCHOOL   LAW 


the    trustees    were    concerned,    and    did    not    intend    that   the 
powers  vested  in  the  State  Board  should  be  interefered  with. 

There  can  be  no  doubt  that  the  State  Board  had  power  to. 
advise  the  County  Board,  and  that  "it  was  the  duty  of  the  latter 
to  follow  the  advice  of  the  State  Board  on  the  subject.  By 
Section  n  of  Article  77  it  is  provided  that  "The  State  Board! 
of  Education  shall,  to  the  best  of  their  ability,  cause  the  pro- 
visions of  this  Article  to  be  carried  into  effect  *  *  *  they 
shall  explain  the  true  intent  and  meaning  of  the  law,  and  they 
shall  decide  without  expense  to  the  parties  concerned  all 
controversies  and  disputes  that  arise  under  it,  and  their  decis- 
ion shall  be  final."  Again,  Section  12  provides  that  "They 
shall  have  the  general  care  and  supervision  of  the  public  school 
interests  of  the  State ;  shall  act  as  assistants  and  advisers  of 
the  various  county  boards;  and  shall  from  time  to  time  issue 
circular  letters  to  teachers  and  commissioners  on  topics  con- 
nected with  the  administration  of  public  schools."  So  regard- 
less of  the  question  whether  there  was,  technically  speaking, 
an  apeal  from  the  action  of  the  County  Board  in  this  matter, 
it  forwarded  to  the  State  Board  copies  of  the  letters  of  the 
trustees  to  Mrs.  Nalley,  which  was  all  that  was  necessary  for 
them  to  have  to  determine  that  question,  and  the  State  Board 
by  its  resolution  explained  "the  true  intent  and  meaning  of 
the  law,"  and  advised  the  County  Board  of  its  action,  which, 
in  our  opinion,  was  unquestionably  correct. 

Nor  have  we  any  doubt  about  the  right  of  the  Legislature 
to  confer  such  powers  on  the  State  Board.  The  visitorial 
powers  of  that  Board  are  referred  to  at  some  length  in  Wiley 
vs.  School  Commissioners,  51  Md.,  401.  In  Shober  vs.  Coch- 
rane,  53  Md.,  544,  which  was  a  contest  between  them  for  the 
office  of  Secretary,  Treasurer  and  Examiner  of  the  Board  of 
School  Commissioners,  the  validity  of  the  statute  vesting  such 
powers  in  the  State  Board  was  vigorously  assailed,  but  fully 
sustained  by  Judges  Alvey  and  Motter  below,  and  by  this 
Court  on  appeal.  If  two  contestants  for  such  an  office  as  that 
were  bound  by  the  decision  of  the  State  Board,  surely  it  has 
the  power  to  determine  which  of  two  persons  shall  be  recog- 
nized as  a  teacher  of  a  school.  And  it  is  right  that  such  con- 
troversies should  be  settled  by  some  tribunal  conected  with 
the  public  school  system.  When  one  applies  for  the  position 
of  a  teacher  in  a  public  school  he  makes  himself  subject  to- 
the  laws  governing  them.  This  case  illustrates  the  importance 
of  keeping  such  questions  out  of  the  Courts.  It  must  have 
been  very  injurious  to  this  school  to  have  such  a  controversy 
and  great  confusion  was  caused  by  the  conflicting  actions  of 
the  trustees  and  the  County  Board.  It  is  well,  therefore,  that 
there  is  a  tribunal  having  jurisdiction  over  the  State  to  settle 
such  controversies  an  dto  guide  the  county  boards  in  the  dis- 
charge of  their  duties.  Of  course,  there  may  be  occasions 
when  it  is  proper  and  necessary  to  apply  to  the  courts,  as  in 
Duer  vs.  Dashiell,  91  Md.,  660,  where  a  purely  legal  question 
was  involved,  and  it  may  sometimes  be  necessary  to  have  the 
process  of  a  court  to  enforce  a  decision  of  the  State  Board  of 
Education.  If  Shober  had  retained  possession  of  the  office 
after  the  State  Board  had  decided  in  favor  of  Cochrane,  and 


OF    MARYLAND.  35 

the  latter  had  applied  for  a  mandamus,  his  right  to  such  writ 
would  have  been  altogether  different  from  that  of  Shober,  who 
applied  for  it  after  the  State  Board  had  decided  against  him. 

What  we  have  already  said  disposes  of  the  question  whether 
Miss  Palhemus  became  principal  on  October  nth,  and  it  will 
be  unnecessary  to  further  discuss  the  appeal  by  the  plaintiffs, 
as  we  think  they  have  no  reason  to  complain  of  the  court's 
action. 

After  the  present  (January)  Term  began  an  appeal  by  Mrs. 
Nalley  from  the  order  overruling  the  demurrer  was  brought 
to  this  Court,  and  the  attorneys  for  the  parties  have  filed  an 
agreement  that  the  two  appeals  be  heard  together,  and  re- 
quested us  to  .do  so.  Under  the  circumstances,  we  thought 
it  proper  to  grant  the  request,  in  order  that  the  controversy 
might  be  brought  to  an  end. 

From  what  we  have  already  said,  it  will  appear  that  we  are 
of  opinion  that  the  trustees  could  not  properly  terminate  Mrs. 
Nalley's  employment  by  the  letters  of  September  8th  and  Sep- 
tember loth,  1904,  and  that  by  the  action  of  the  State  Board,  and 
the  subsequent  action  of  the  County  Board,  she  was  continued 
as  the  principal  teacher  of  this  school.  It  was  not  her  fault 
that  she  relinquished  the  school  from  October  loth  until  Jan- 
uary i8th.  She  took  steps  at  once  to  have  the  action  of  Sep- 
tember 2Qth  corrected,  and  does  not  appear  to  have  been  re- 
sponsible for  any  delays.  If,  therefore,  she  held  herself  in 
readiness  to  teach,  and  was  unable  to  obtain  other  employ- 
ment during  that  period,  she  should  not  be  deprived  of  the 
compensation  she  was  entitled  to,  merely  because  the  County 
Board  paid  or  agreed  to  pay  Miss  Palhemus,  who  was  not 
legally  selected  as  teacher  of  this  school.  It  would,  therefore, 
be  inequitable  to  enjoin  the  County  Board  from  paying  Mrs. 
Nalley,  and  her  from  receiving  payment,  for  the  period  spoken 
of.  She  and  the  County  Board  should,  if  possible,  adjust  the 
salary  for  that  time,  on  some  proper  and  equitable  basis,  but 
the  injunction  should  not  be  continued  against  her,  and  the 
demurrer  to  the  bill  should  have  been  sustained,  arid  the  bill 
dismissed.  In  view  of  the  conclusions  we  have  reached  on 
the  main  questions,  it  is  not  necessary  to  determine  the  effect 
of  the  trustees  not  taking  the  oath,  but  will  only  add  that 
Section  7  of  Article  77  expressly  requires  them  to"  do  so,  and 
the  county  boards  should  see  that  they  comply  with  the  pro- 
visions of  the  law  before  entering  upon  their  duties.  As  the 
County  Board  was  also  in  fault,  we  will  direct  the  costs  to  be 
paid  by  the  appellants  in  No.  65  (Office  Docket)  and  the 
County  Board. 

Order  affirmed  in  part  and  reversed  in  part,  and  bill  dis- 
missed— one-half  of  the  costs  to  be  paid  by  the  appellants  in 
No.  65  (Office  Docket)  and  the  other  half  by  the  Board  of 
County  School  Commissioners  of  Prince  George's  County. 

Filed  February  I5th,  1906. 

Test:  THOMAS  PARRAN, 
Clerk  of  the  Court  of  Appeals  of  Maryland. 
True  Copy. 


PUBLIC   SCHOOL   LAW 


CHAPTER  IX. — Pupils. 


Adult  pupils. 


Suspend 
pupils. 


giving    remote 
from. 


1872,  ch.  377. 

54.  All  .white  youths  between  the  ages  of  six  and 
twenty-one   years   shall   be   admitted   into   the   Public 
Schools  of  the  State,  the  studies  of  which  they  may 
be  able  to  pursue;  provided,  that  whenever  there  are 
grade  schools,    the    teachers    and    Board    of    District 
School  Trustees  shall  determine  to  which  school  pupils 
shall  be  admitted. 

55.  The   Board   of   District    School   Trustees   shall 
have  power  to  suspend  and  expel  pupils  for  cause ; 
provided,    that  an  appeal    shal  1  lie  to    the    Board    of 
County   School   Commissioners,   whose   decision   shall 
be  final. 

56.  Children  living  remote  from  the  school  of  the 
district  in  which  they  reside  may  attend  school  in  an 
adjoining  district,  with  the  consent  of  the  Boards  of 
the  respective  school  districts. 


ARTICLE  XLIIL— Health. 


Duty  of  teach- 
ers as  to  vac- 
cination of 
pupils. 


Fee  of  physi- 
cians. 


31.  No  teacher  in  any  of  the  Public  Schools  of  this  State 
shall  receive  into  such  school,  as  a  pupil,  any  person  who  has 
not  been  successfully  vaccinated;  and  it  shall  be  the  duty  of 
all  teachers  in  the  Public  Schools,  within  ten  days  after  the 
beginning  of  the  fall  term  of  said  schools,  and  thereafter  as 
new  pupils  shall  enter  such  school,  to  ascertain  and  enroll  on 
the  vaccine  register  of  said  school  the  names  of  those  pupils 
who  may  produce  a  certificate  of  a  regular  practicing  phy- 
sician of  the  county  or  city,  as  the  case  may  be,  certifying 
that  the  pupil  has  been  successfully  vaccinated,  and  also  the 
names  of  those  pupils  who  have  been  enrolled  at  any  previous 
term  in  any  school  of  the  county  or  in  the  City  of  Baltimore, 
as  the  case  may  be,  as  successfully  vaccinated  pupils,  when- 
ever any  such  pupil  shall  present  a  certificate  of  such  enroll- 
ment from  the  teacher  of  any  such  school.  If  any  person 
shall  apply  for  admission  as  a  pupil  in  any  of  the  Public 
Schools  of  this  State  who  has  not  been  successfully  vaccinated, 
the  teacher  shall  give  the  parents  or  guardian  or  other  person 
having  control  of  such  pupil  an  order  directed  to  any  physi- 
cian in  the  county  or  city,  as  the  case  may  be,  and  requiring 
any  regular  physician  to  whom  it  may  be  presented  to  vac- 
cinate such  pupil  and  return  a  certificate  of  such  vaccination 
when  successful  to  the  teacher  giving  such  order.  The 
County  Commissioners  of  the  several  counties  and  the  Mayor 
and  City  Council  of  Baltimore  City,  as  the  case  may  be,  shall 


OF    MARYLAND. 


37 


57.  Every  child,  before  being  admitted  to  "any  public 
school,  shall  produce  a  certificate  from  a  regular  physi- 
cian that  he  has  been  properly  vaccinated. 


Vaccinated. 


CHAPTER  X.—Text  Books.. 


1872,  ch.  377. 

58.  School  books  shall  contain  nothing  of  a  secta- 
rian or  partisan  character. 

1904,  ch.  584. 

59.  The  Board  of  Public  School  Commissioners  of 
Baltimore  City  and  each  Board  of  County  School  Com- 
missioners  shall   adopt   and   purchase   text-books   for 
use  in  the  public  schools  of  said  city  and  of  the  several 
counties  of  the  State,  as  such  new  text-books  are  re- 
quired,  and   when   so  purchased   the   necessary   text- 
books shall  be  furnished  free  of  cost  for  use  in  the 
public  schools  of  the  State,  subject  to  the  order  of  said 
Boards;  but  said  Boards  shall  have  the  right  at  any 
time  to  change  any  series  of  text-books  already  in  use 
or  hereafter  adopted ;  provided,  that  text-books  shall 
be  furnished  under  the  provisions  of  this  Act  to  the 
several  grades  in  the  public  schools  successively,  be- 
ginning with  the  first  grade;  and  provided,  that  the 
said   Board  shall  not  be  required  to  expend   during 


Non-partisan. 


Purchase    text- 
books. 


Free  text- 
books. 


Power  to 
change    text- 
books. 


pay  or  cause  to  be  paid  to  the  physician  performing  the  ser- 
vice on  such  order  the  sum  of  fifty  cents  for  every  such  suc- 
cessful vaccination  on  the  presentation  of  the  order  and  cer- 
tification of  the  teacher  that  such  vaccination  has  been  per- 
formed; provided,  that  in  the  counties  or  in  the  City  of  Proviso. 
Baltimore,  when  vaccine  physicians  are  appointed  or  contracts 
made  with  certain  physician  by  the  proper  authorities  for  the 
vaccination  of  all  children  of  persons  who  may  apply  free  of 
charge  to  the  person  applying,  the  provisions  of  this  section 
providing  for  the  payment  of  physician's  certified  orders  of 
teachers  shall  not  apply.  Any  teacher  neglecting  or  refusing 
to  comply  with  the  provisions  of  this  section  shall,  on  con- 
viction thereof,  before  any  justice  of  the  peace  having  juris- 
diction over  said  offense,  be  fined  ten  dollars  for  each  and  Penalty, 
every  offense.  And  no  Public  School  Trustee  or  Commissioner 
shall  grant  any  permit  to  any  person  who  has  not  been  suc- 
cessfully vaccinated  to  enter  as  a  pupil  any  Public  School 
under  the  same  penalty. 


PUBLIC   SCHOOL   LAW 


Supply  free 
books  by 
grades. 


Report  to  State 
Board. 


To  provide  for 

issuing  free 
books. 


Account  of  ex- 
penses. 


State  appropri- 
ation. 


any  school  year  for  said  text-books  more  than  the  sev- 
eral amounts  of  money  received  by  said  Boards  re- 
spectively under  the  provisions  of  this  Act;  and  pro- 
vided, that  indigent  pupils  of  all  grades  shall  receive 
text-books  free  of  cost,  as  provided  under  provisions 
of  existing  laws;  and  provided,  the  said  respective 
Boards  shall  adopt  means  for  the  purchase  of  text- 
books by  competitive  bidding,  and  at  the  lowest  possi- 
ble price ;  and  provided,  that  parents  or  pupils  may  pur- 
chase their  own  text-books  where  they  may  think 
proper;  and  provided,  further,  that  the  several  Boards 
of  County  School  Commissioners  shall  furnish  annu- 
ally to  the  State  Board  of  Education  the  title,  the  name 
of  the  publisher  and  the  net  price  paid  for  each  text- 
book so  purchased,  which  information  shall  be  set 
forth  in  full  in  the  annual  report  made  to  the  State 
Board  of  Education. 

1870,  ch..3ii. 

60.  The  said  several  Boards  shall  authorize  the  de- 
livery of  text-books  to  the  various  Public  Schools  under 
their  supervision   respectively,   and   shall   provide   for 
the  issuing,  safe-keeping,  care  and  return  of  the  same 
under  such  rules  and  regulations  as  they  may  severally 
adopt. 

1904,  ch.  584. 

61.  The  said  several  Boards  shall  keep  an  account 
of  all  moneys  expended  under  the  provisions  of  this 
Act,  and  report  the  same  in  the  annual  financial  ac- 
count, as  required  by  law;  and  no  money  so  received 
by  them  shall  ever  be  used  for  any  other  purpose  than 
for  the  purchase  of  school  books,  as  provided  by  the 
two  preceding  sections ;  except  in  such  counties  where 
there   may   remain   a   surplus   after   the   purchase   of 
necessary   text-books,   the   Boards   may   expend   such 
surplus  amounts  in  the  purchase  of  maps  of  the  State 
of   Maryland   and   supplementary   reading   books   for 
pupils. 

1900,  ch.  300. 

6 1 A.  The  sum  of  one  hundred  and  fifty  thousand 
dollars  is  hereby  appropriated  to  be  paid  by  the  State 
Treasurer  upon  the  warrant  of  the  Comptroller,  on 
the  first  day  of  August,  1902,  and  annually  thereafter, 


OF    MARYLAND. 


39 


to  be  expended,  or  so  much  thereof  as  may  be  neces- 
sary for  the  purchase  of  text-books,  as  provided  in 
this  Article.  The  whole  of  said  sum  shall  be  appor- 
tioned by  the  Comptroller  in  the  month  of  July  of 
each  and  every  year,  according  to  and  based  upon  the 
total  number  of  different  pupils  enrolled,  as  disclosed 
by  the  statistics  of  the  report  of  the  State  Board  of 
Education  for  fiscal  year  ending  July  3ist,  1901,  and 
"he  shall  immediately  thereafter  notify  the  Treasurer  of 
the  several  Boards  of  County  School  Commissioners 
of  the  counties  and  the  City  of  Baltimore  of  the  amount 
thus  found  to  be  due  to  each,  and  the  same  shall  be 
paid  to  the  Treasurer  of  the  Board  of  School  Commis- 
sioners of  Baltimore  City  and  the  several  counties, 
upon  the  draft  of  the  President  and  Secretary  of  the 
several  Boards  of  County  School  Commissioners  and 
the  Citv  of  Baltimore  aforesaid. 


ment. 


CHAPTER  XL — County  Superintendent. 
1872,  ch.  377. 

62.  It   shall   be   the   duty   of  the   County   Superin- 
tendent to  examine  candidates  for  the  profession  of 
teacher,  in  the  presence  of  at  least  one  member  of  the 
Board  of   County   School   Commissioners,   or  one   or 
more  of  the  District  Trustees,  and  to  give  to  such  per- 
sons as  are  found  qualified,  under  the  sanction  of  the 
Board  at  its  next  meeting,  a  certificate  setting  forth  the 
"branches  such  persons  are  competent  to  teach ;  but  no 
certificate   shall  be   granted  without  satisfactory  evi- 
dence of  the  moral  character  of  the  applicant. 

1904,  ch,  584. 

63.  The  certificate  issued  by  each  County  Superin- 
tendent shall  be  numbered  and  registered  in  a  book 
kept  by  the  Board  of  County  School  Commissioners, 
and  be  delivered  to  their  successors  in  office,  and  shall 
be  denominated  first  or  second  grade,  as  the  case  may 
be,  and  the  State  Board  of  Education  shall  keep  a  book 
in  the  same  manner  as  the  County   Superintendent; 
certificates  of  the    first  grade  shall    embrace    ortho- 
graphy,    reading,     writing,     arithmetic,     geography, 
United  States  history,  English  grammar,  bookkeeping, 


Examine  can 
didates. 


Registered. 


PUBLIC   SCHOOL   LAW 


Grades. 


Duration. 


Examinations. 


algebra,  natural  philosophy,  physiology,  plane  geome- 
try (four  books),  general  history,  National  and  State 
Constitutions,  theory  and  practice  of  teaching,  and  the 
laws  and  by-laws  of  the  Public  School  system  of 
Maryland;  and  those  of  the  second  shall  embrace  or- 
thography, reading,  writing,  arithmetic,  geography, 
United  States  history,  English  grammar,  history  of 
Maryland,  Constitutions  of  United  States  and  of  Mary- 
land, physiology,  algebra  (to  quadratics),  theory  and 
practice  of  teaching,  the  laws  and  by-laws  of  the  Pub- 
lic School  system  of  Maryland;  such  a  certificate  held 
by  a  person  who  obtains  a  school  within  six  months 
from  the  time  the  certificate  was  issued  shall  not  con- 
tinue in  force  longer  than  six  months  after  acceptance 
of  the  position  of  teacher,  unless  the  persons  holding 
the  same  shall  satisfy  the  County  Superintendent  of 
his  or  her  fitness  for  governing  a  school,  and  his  or  her 
ability  to  impart  instruction  in  the  various  branches 
taught  in  the  public  schools  ;  but  when  the  County 
Superintendent  shall  satisfy  himself  upon  these  points,. 
he  shall  be  empowered  to  issue  a  certificate,  which 
shall  continue  in  force  for  five  years,  unless  revoked" 
for  cause  ;  a  person  holding  such  certificate,  who  fails 
to  obtain  a  school  within  six  months  after  issuance 
of  same,  shall  not  be  required  to  pass  another  examina- 
tion in  the  same  county  for  fifteen  months  from  date 
of  granting  the  certificate. 

School  Board  vs.  Wagarrran,  84  Md.,  161. 
1872,  ch.  377;  1894,  ch.  378. 

64.  No  certificate  of  qualification  as  a  teacher  shall 
be  issued  to  any  male  under  nineteen  years  of  age,  or 
to  any  female  under  eighteen  years  of  age. 

65.  The  County  Superintendent  shall  hold  regular 
examinations  of  teachers  at  such  times  as  the  Board 
may  direct,  of  which  due  notice  shall  be  given  in  the 
newspapers,  or  otherwise.    No  Superintendent  shall  be 
allowed  to  charge  any  fees  for  the  issuing  of  certificates 
to  teachers  ;  and  if  any  Superintendent  shall  be  found 
guilty  of  charging  or  receiving  any  fee    or    reward" 
directly  or  indirectlly  for  issuing"  any  certificate  to  a: 
teacher2  he  shall  be  dismissed  from  office. 


OF    MARYLAND. 


1904,  ch.  584. 

66.  It  shall  be  the  duty  of  the  County  Superinten-      Coin"endeSntPer~ 
dent,  or  his  assistant,  at  least  three  times  in  each  year, 

to  visit  the  schools  in  his  county,  if  it  contains  sixty 
teachers  or  less,  and  twice  a  year  in  counties  having 
more  than  sixty  and  less  than  one  hundred  and  seventy- 
five  teachers,  and  once  a  year  in  counties  where  there 
are  more  than  one  hundredandseventy  -  five;  he  shall 
observe  the  methods  of  the  teachers  and  give  him  or 
her  such  practical  suggestions  as  circumstances  may 
prompt;  he  shall,  whenever  possible,  attend  public  ex- 
aminations and  report  quarterly  in  detail  the  result  of 
his  observation  through  the  Board  of  County  School 
Commissioners.  In  counties  where  the  number  of 
teachers  shall  exceed  one  hundred  and  seventy-five, 
the  Board  of  County  School  Commissioners  may,  in 
their  discretion,  appoint  an  Assistant  County  Super- 
intendent. 

1872,  ch.  377. 

67.  The  Secretary  and  Treasurer  of  the  Board  of 
County  School  Commissioners  shall  give  bond  to  the 
State  of  Maryland,  with  at  least  two  securities  to  be 
approved  by  the  said  Board,  in  such  penal  sum  as  the 
said  Board   shall   determine,   with  the  condition  that 
he  will  faithfully  perform  the  duties  of  Secretary  and 
Treasurer,  pay  over  and  apply  all  moneys  that  shall 
come  to  his  hands  or  care  as  Treasurer  to  such  per- 
sons and  in  such  manner  as  said  Board  may,  under 
the  provisions  of  this  Article,  direct;  and  that  he  will 
keep  a  full  account  of  all  moneys  received  and  paid 
by  him,  and  all  matters  relating  to  the  duties  of  his 
office,  and  preserve  the  same  and  all  vouchers  relating 
thereto,  and  deliver  up  all  books  and  vouchers  relating 
to  his  office  to  his  successor,  which  said  bond,  when 
executed,  shall  be  filed  in  the  office  of  the  Clerk  of  the 
Court  for  the  county.     He  shall  be  present  at  every 
meeting  of  the  Board,  and  may  debate  any  question 
before  them,  but  shall  have  no  vote.     He  shall  keep 
the  minutes  and  conduct  the  correspondence,  and  shall 
duly  file  away  and  safely  keep  all  letters,  reports  and 
other  papers  pertaining  to  the  business  of  the  Board. 
He  shall  prepare  and  submit  to  the  Board  for  their 
adoption  the  annual  report  to  the  State  Board  of  Edu- 
cation. 


Officers  to  give- 
bond. 


Duties   of   sec- 
retary. 


Bond  to  be 
filed. 


PUBLIC   SCHOOL   LAW 


Other  Security. 


^To  devote  their 
whole  time. 


Notify  the 
Comptroller. 


Howard  vs.  Hill,  88  Md.,  119. 
1890,  ch.  511. 

6/A.  In  lieu  of  the  security  provided  for  in  the  last 
preceding  section,  the  said  bond  may  have  the  secur- 
ity of  any  deposit  or  trust  company,  or  other  similar 
company,  duly  incorporated  under  the  laws  of  this 
State,  and  having  by  law  the  power  to  act  as  such 
security. 

1872,  ch.  377. 

68.  The  person  or    persons    acting    as    Secretary, 
Treasurer  and  County  Superintendent,  under  the  pro- 
vision of  this  Article,  shall  devote  their  whole  time  to 
Public  School  business,  and  shall  receive  such  compen- 
sation as  the  Board  of  County  School  Commissioners 
may  direct. 

69.  The  Superintendent  of  each  county  shall,  on  or 
before    the  fifteenth  day    of  January  in  every    year, 
notify  the  Comptroller  how  many  months  the  schools 
of  his  county  have  been  kept  open. 


location  of 
State  Normal 
Schools. 


faculty. 


CHAPTER  XII. — State  Normal  Schools. 
1904,  ch.  584. 

70.  There  shall  be  located  in  each  of  the  Cities  of 
Baltimore  and  Frostburg,  a  State  Normal  School  for 
the  instruction  and  practice  of  teachers  in  the  science 
of  education,  the  art  of  teaching,  and  the  mode  of 
governing  schools;  the  said  schools  shall  be  under  the 
control  of  the   State  Board  of  Education,  who  shall 
appoint   the  principals   and  necessary   assistants;   the 
salary  of  the  principal  of  the  Maryland  State  Normal 
School  of  Baltimore  shall  be  twenty-five  hundred  dol- 
lars per  annum. 

1904,  ch.  584.  r 

71.  The  faculty  of  each  State  Normal  School  shall 
consist  of  a  principal  and  as  many  teachers  as  shall 
be  determined  by  the  State  Board  of  Education,  who 
shall  be  appointed  by  said  Board,  and  have  such  sal- 
aries  and   perform   such   duties   as   said   Board   shall 
direct. 


OF    MARYLAND. 


43 


1900,  ch.  498. 

72.  The  sessions  of  the  State  Normal  School  shall  be 
determined  by  the  State  Board  of  Education ;  provided, 
that  the  school  shall  be  open  for  not  less  than  nine 
.months  in  each  year. 

1904,  ch.  584. 

73.  There  shall  be  maintained  in  each  State  Nor- 
mal School  and  Normal  Department  receiving  State 
aid  a  two  years'  normal  or  professional  course,  in  which 
common  school  branches  may  be  studied  and  reviewed 
and  in  which  special  emphasis  is  given  to  professional 
subjects,  including  the  history    of    education,    school 
organization,    methods    of    teaching    and    such    other 
pedagogical  subjects  as  the  State  Board  of  Education 
may  prescribe.     Students  of  both  sexes  shall  be  ad- 
mitted to  the  normal  course — females  at  the  age  of 
sixteen  years  and  males  at  the  age  of  seventeen  years ; 
provided,  such  applicants  satisfy  the  requirements  of 
admission  and  hold  scholarships  from  a  Board  of  City 
or  County  School  Commissioners,  or  receive  appoint- 
ment from  the  State  Board  of  Education,  as  herein- 
after to  be  provided;  the  State  Board  of  Education 
is  authorized  and  empowered  to  arrange  and  prescribe 
for  each  State  Normal  School  or  Normal  Department 
receiving  State  aid,  an  academic  or  preparatory  course, 
and  shall  prescribe  such  qualifications  of  age  and  schol- 
astic attainments  as  it  may  deem  proper.    The  students 
•of  the  State  Normal  Schools  and  Normal  Departments 
receiving  State  aid  shall  be  apportioned  by  the  State 
Board  of  Education,  among  the  several  counties  and 
the  City  of  Baltimore,  in  proportion  to  their  respective 
representation  in  the  General  Assembly  of  the  State; 
the  students  shall  be  selected  by  the  several  Boards  of 
County  School  Commissioners  and  the  Board  of  Com- 
missioners of  the   Public  .Schools  of  Baltimore   City 
from  among  worthy  persons  who    may    possess    the 
necessary  scholastic  qualifications,  namely  scholarship 
•equal  to  graduation  from  approved  high  schools  for 
the  normal  course,  and  scholarship  equal  to  completion 
satisfactorily  of  the  seventh  year  grade  of  our  Pub- 
lic School  curriculum  for  the  academic  course;  appli- 
cants for  scholarships  must  file  their  application  for 


Time  shall    be 
kept  open. 


Normal  or  pro- 
fessional 
course. 


Students. 


44 


PUBLIC   SCHOOL   LAW 


Declaration. 


Alternate. 


Proviso. 


Course  of 
study. 


scholarship,  and  also  with  the  State  Board  of  Edu- 
cation, a  written  declaration  that  their  object  in  ob- 
taining admission  is  to  qualify  themselves  as  Public 
School  teachers,  and  that  it  is  their  intention  to  engage 
in  the  profession  in  this  State;  whenever  it  is  possible 
to  do  so,  the  Board  of  County  School  Commissioners 
and  the  Board  of  School  Commissioners  of  Baltimore 
City  shall  appoint  an  alternate  for  each  person  who 
may  receive  a  scholarship,  and  if  for  any  reason  such 
person  who  was  awarded  the  scholarship  does  not  use 
or  accept  the  same,  or  for  any  reason  fails  to  become  a 
student  of  the  Normal  School  or  Normal  Department, 
then  the  person  appointed  as  alternate  shall  be  entitled 
to  the  privileges  of  such  scholarship.  If  there  be  not 
applicants  sufficient  from  any  county  or  the  City  of 
Baltimore,  then  the  State  Board  of  Education  may  fill 
all  vacancies  by  selecting  applicants  possessing  the  re- 
quisite qualifications  from  any  portion  of  the  State,  in 
the  proportion  aforesaid. 

74.  In  addition  to  the  students  admitted  from  the 
counties  and  the  City  of  Baltimore,  who  shall  enjoy 
the  privileges  of  the  school  and  be  furnished  with  the 
use  of  the  text-books  free  of  charge,  there  may  be 
admitted,  in  the  discretion  of  the  State  Board  of  Edu- 
cation, to  the  full  capacity  of  the  State  Normal  Schools 
or   Normal  Departments  such  other  persons  as  may 
possess  the  requisite  qualifications,  who  shall  pay  the 
sum  of  twenty-five  dollars  per  session  and  be  subject 
to  the  same  rules  and  regulations  as  the  other  students. 

75.  The   State  Board  of  Education  shall  prescribe 
the  course  of  study  for  the  State  Normal  Schools  and 
Normal  Departments  receiving  State  aid,  which  shall 
be  uniform  as  far  as  is  practicable,  and  supervise  such 
schools  and  departments  in  every  particular  not  pro- 
vided for  in  this  Article ;  they  shall  make  arrangements 
for  practice  teaching,  and  may  organize  and  maintain 
model  and  experimental  schools  as  a  part  of  the  Nor- 
mal School  or  Normal  Department  when  deemed  best, 
in  which  students  of  the  normal  course  shall  have  op- 
portunity to  teach  and  practice  the  modes  of  instruction 
and  discipline  inculcated  in  the  Normal  School  or  Nor- 
mal Department. 


OF    MARYLAND. 


45 


Donations. 


76.  The  annual  sum  of  twenty  thousand  dollars  is      support  of 
hereby  appropriated  for  the  support  of  the  Maryland 

State  Normal  School,  located  in  the  City  of  Baltimore  ; 
the  annual  sum  of  seven  thousand  dollars  is  hereby 
appropriated  for  the  support  of  State  Normal  School 
No.  2,  located  at  Frostburg,  and  the  annual  sum  of 
forty-five  hundred  dollars  is  hereby  appropriated  for 
the  support  of  the  Normal  Department  of  Washington 
College,  located  at  Chestertown  —  these  appropriations 
to  be  paid  in  quarterly  instalments  by  the  Treasurer,  on 
the  warrant  of  the  Comptroller,  to  the  State  Board 
of  Education  ,  and  to  be  applied  to  the  payment  of 
teachers'  salaries,  clerical  assistance,  the  purchase  of 
school  apparatus,  text-books,  fuel,  stationery,  light  and 
other  necessary  expenses  in  maintaining  such  schools 
and  normal  departments;  a  further  sum  of  one  thou- 
sand dollars  annually  for  repairs  is  hereby  appropri- 
ated for  the  Maryland  State  Normal  School  of  Balti- 
more. 

77.  All  donations'  or  bequests  of  money  or  personal 
property  and  all  grants  or  devises  of  lands  for  the  ben- 
efit of  any  State  Normal  School  or  Normal  Depart- 
ment shall  be  held  in  trust  by  the  State  Board  of  Edu- 
cation. 

78.  The  State  Board  of  Education  shall,  on  or  before 
the  first  day  of  January,  in  each  and-  every  year,  make 
a  report  to  the  Governor  of  the  condition  of  the  schools 
of   the   State;   a   statement   of  the   apportionment   of 
money  to  the  counties  and  the  City  of  Baltimore,  for 
the  support  of  schools;  an  abstract  of  the  reports  re- 
ceived from  the  Board  of  County  School  Commission- 
ers, together  with  such  suggestions  for  the  improve- 
ment of  schools  and  the  advancement  of  public  edu- 
cation as  the  State  Board  of    Education    shall    deem 
expedient. 

79.  The  Governor  shall  cause  three  thousand  copies      Governor  to 
of  said  report,  five  hundred  to  be  bound  in  cloth,  to 

be  printed  and  distributed  during  every  year. 

1906,  ch.  356. 

80.  A  Teachers'  Institute,  to  continue  not  less  than  *'  In" 
five  days,  shall  be  held  for  each  county  once  a  year, 


PUBLIC   SCHOOL   LAW 


Counties  may 
combine. 


Fix  time  of 
holding. 


Design  of. 


Select  the 
place. 


Teachers'  As- 
sociations. 


Organization. 


and  in  the  absence  of  the  State  Supermtendent  the- 
County  Superintendent  shall  preside.  Two  or  more- 
counties  may  combine  and  hold  a  joint  Institute. 

1872,  ch.  377. 

81.  The  State  Superintendent  of  Public  Education 
shall  fix  a  time  of  the  meeting  of  the  institute,  and  it 
shall  be   the   duty  of  the   County   Superintendent   to 
notify  each  teacher  of  the  time  and  place  of  meeting,, 
and  when  so  notified,  each  teacher  in  actual  employ- 
ment is  required  to  attend ;  the  President  of  the  School 
Board  shall  select  the  place  for  the  institute  to  meet. 

82.  These   institutes,  being  designed  as  temporary 
Normal  Schools,  shall  be  attended  by  the  State  Super- 
mtendent, when  possible  to  do  so,  and  by  one  or  more 
instructors  of  a  State  Normal  School  or  Normal  De- 
partment faculty,  to  be  selected  by  the  State  Superin- 
tendent and  the  principal  of  the  school,  and  any  mem- 
ber of  the  Board  of  County  Commissioners  who  may 
choose  to  attend. 

83.  The  members  of  the  State  Board  of  Education 
and  the  members  of  the  County  School  Boards  shall 
encourage  the  work  of  the  Maryland  State  Teachers' 
Reading  Circle,  which  was  organized  by  the  Mary- 
land State  Teachers'  Association,  and  which,  according 
to  Chapter  323,  Laws  of  1890,  is  a  body  politic  and 
corporate,  and  provides:   That  the  corporation  created 
by  this  Act  shall  have  power  to  organize,  manage  and! 
direct  a  State  Teachers'  Reading  Circle. 

CHAPTER  XIV. — Teachers'  Associations. 
1872,  ch.  377. 

84.  District,   County  and   State  Teachers'  Associa- 
tions are  recommended  as  important  means  of  elevat- 
ing the  standard  of  public  education  by  mutual  con- 
ference, interchange  of  views  and  suggestions  as  to 
systems  of  teaching  and  discipline. 

85.  It  shall  be  the  care  of  the  County  Superintendent 
to  aid  in  the  organization  of  these  associations,  to  en- 
courage attendance,  to  secure  competent  lecturers,  and" 


OF    MARYLAND. 


47 


to  impart  such  information  as  will  encourage  teachers 
in  their  work  and  fit  them  for  the  performance  of 
their  duties. 


86.  These  associations  may  occupy  any  of  the  school 
houses. 

Chapter  323,  Laws  of  1890,  makes  the  Maryland  State 
Teachers'  Association  a  body  politic  and  corporate,  and  pro- 
vides : 

That  the  corporation  created  by  this  Act  shall  have  power 
to  organize,  manage  and  direct  a  State  Teachers'  Reading 
Circle,  and  adopt  therefor  a  course  of  study  in  general  peda- 
gogy, general  literature,  etc.,  and  to  grant  to  such  members 
as  shall  satisfactorilly  complete  the  first  year's  course  of  study, 
and  the  second  year's  course  of  study,  and  the  third  year's 
course  of  study,  a  certificate  to  that  effect ;  and  to  such  mem- 
bers as  shall  satisfactorily  complete  the  full  course  of  study, 
the  association  may  grant  the  honorary  degree  of  Master  of 
the  Science  of  Teaching;  and  to  teachers  of  learning,  merit 
and  acknowledged  professional  skill,  the  association  may 
grant,  by  and  with  the  advice  and  consent  of  the  State  Board 
of  Education,  the  honorary  degree  of  Doctor  of  Pedagogy. 


May  occupy 
schools  build- 
ings. 


Incorporation. 


Reading  Cir- 
cle. 


Degree. 


CHAPTER  XV. — District  Libraries. 


1904,  ch.  584. 

87.  For  the  further  encouragement  of  education, 
district  libraries  ought  to  be  established  in  each  school 
house  district  under  the  care  of  the  teacher,  as  libra- 
rian ;  for  this  purpose  the  sum  of  ten  dollars  per  annum 
is  ordered  to  be  paid  by  the  Board  of  County  School 
Commissioners  out  of  the  State  School  Fund,  to  any 
school  house  district  as  library  money,  as  long  as  the 
people  of  the  district  raise  the  same  amount  annually,; 
the  books  must  be  selected  by  the  Board  of  District 
School  Trustees  and  Teachers  from  a  list  to  be  fur- 
nished by  the  State  Board  of  Education. 


District  li- 
braries. 


1872,  ch.  377. 

87  A  87M.  These  sections  provide  for  the  establish- 
ment, maintenance  and  regulation  of  public  libraries 
by  the  governing  Board  of  any  municipality  incor- 
porated under  the  laws  of  this  State;  since  these  sec- 
tions confer  no  power  upon  the  school  authorities  of 
the  State  they  are  not  inserted. 


Sections  not 
inserted. 


PUBLIC   SCHOOL   LAW 


.lyibrary  Com- 
mission. 


Duties  of  Sec- 
retary and 
Treasurer. 


Organization 
of  libraries. 


Traveling: 
libraries. 


STATE  LIBRARY  COMMISSION. 
1902,  ch.  247. 

That  the  Governor  shall  biennially  appoint  four 
persons,  at  least  two  of  whom  shall  be  women,  who, 
with  the  State  Librarian,  Superintendent  of  Public 
Instruction  and  Librarian  of  the  Enoch  Pratt  Free 
Library,  shall  constitute  a  State  Library  Commission. 

That  said  Commission  shall  annually  elect  from 
their  own  number  a  President  and  Secretary,  who, 
with  the  other  members  of  the  Commission,  shall  serve 
without  pay,  but  the  necessary  traveling  expenses  of 
the  Commissioners  in  attending  upon  the  meetings 
of  the  Commission  or  its  business  away  from  their 
homes  may  be  paid  out  of  the  fund  hereby  appropri- 
ated. The  Secretary  shall  also  act  as  Treasurer  of  the 
Commission,  and  all  its  money  shall  be  deposited  in  a 
national  bank  to  be  designated  by  the  Commission,  and 
shall  be  drawn  only  by  order  of  the  Commission  and 
upon  the  joint  check  of  the  President  and  Secretary. 

That  said  Commission  shall  give  advice  and  consent 
to  all  free  libraries  and  Public  School  libraries  in  the 
State,  and  to  all  committees  proposing  to  establish 
them,  as  the  best  .means  of  their  establishments  and 
maintenance  of  the  selection  of  books,  cataloguing,  and 
other  details  of  management.  The  Commission  may 
also  send  its  members  to  aid  in  organizing  new  libra- 
ries or  improving  any  already  established ;  and  said 
Commission  shall  annually  report  to  the  Governor  in 
the  month  of  December,  a  full  and  complete  account 
of  its  doings,  and  of  its  receipts  and  expenditures  in 
detail. 

That  said  Commission  shall,  as  soon  as  practicable, 
organize  and  conduct  traveling  libraries  throughout 
the  State;  and  in  addition  to  the  books  given  to  or 
bought  by  the  Commission  for  this  purpose,  they  may 
use  such  miscellaneous  books  (not  including  reference 
or  other  books  inappropriate  for  the  purpose)  from  the 
State  library,  as  may  be  designated  by  the  State  library 
committees. 


OF    MARYLAND. 


49 


That  said  Commission  shall  formulate  such  reason- 
able regulations  for  the  use  and  care  of  the  books  of 
such  traveling  libraries  as  they  may  deem  proper, 
and  shall  from  time  to  time  send  out  and  distribute 
such  books  throughout  the  State,  and  at  suitable  inter- 
vals change  such  distributions  so  as  to  secure  the 
greatest  practicable  advantage  and  facility  for  reading 
to  the  people  of  the  State. 

That  immediately  upon  the  organization  of  said 
Commission  the  State  Treasurer  shall,  upon  the  war- 
rant of  the  Comptroller,  pay  to  the  President  of  the 
Commission  the  sum  of  one  thousand  dollars,  and  an- 
nually thereafter  shall  so  pay  the  like  sum  of  one  thou- 
sand dollars,  for  the  use  of  the  Commission. 

CHAPTER  XVI. — City  of  Baltimore. 
1871,  ch.  377;   1884,  ch.  2. 

88.  The  Mayor  and  City  Council  of  Baltimore  shall 
have  full  power  and  authority  to  establish  in  said  city 
a  system  of  free  Public  Schools,  which  shall  include  a 
school  or  schools   for  manual  or   industrial   training, 
under  such  ordinances,  rules  and  regulations  as  they 
may  deem  fit  and  proper  to  enact  and  prescribe:  they 
may   delegate   supervisory  powers  and  control    to    a 
Board  of  School  Commissioners;  may  prescribe  rules 
for  building  school  houses  and  locating,  establishing 
and  closing  schools,  and  may  in  general  do  every  act 
that  may  be  necessary  or  proper  in  the  premises. 

M.  &  C.  C.  of  Baltimore  xs.  Wetherby,  52  Md.,  442. 
Hooper  vs.  New,  85  Md.,  581. 

1872,  ch.  377. 

89.  The  Board  of  Commissioners  of  Public  Schools 
of  Baltimore  City,  or  by  whatever  name  the  body  may 
be  known  that  has   supervisory   powers   and   control 
over  the  Public  Schools  of  Baltimore  City,  shall  have 
power  to  examine,  appoint  and  remove  teachers,  pre- 
scribe  the   qualifications,   fix   the   salaries,   subject  to 
the   approval   of   the   Mayor   and   City   Council,   and 
select  text-books   for  schools  of  said  city;  provided, 
such  text-books  shall  contain  nothing  of  a  sectarian 
or  partisan  character.     The  Board  of  Commissioners 


Library    regu- 
lations. 


Appropriation 
for  commis- 
sion. 


The  City  of 
Baltimore. 


Power  to  ex- 
amine, ap- 
point and 
remove. 


Proviso. 


PUBLIC   SCHOOL   LAW 


Protection  of 
school- 
houses. 


To  levy    and 
collect  taxes. 


of  Public  Schools  of  said  city  shall  annually  make  a 
report  to  the  State  Board  of  Education  of  the  con- 
dition of  the  schools  under  their  charge,  to  include  a 
statement  of  expenditures,  the  number  of  children 
taught,  and  such  other  statistical  information  as  may 
be  necessary  to  exhibit  the  operations  of  the  schools. 

Hooper  vs.  New,  85  Md.,  581. 

90.  The  Mayor  and  City  Council  of  Baltimore  shall 
have  power  and  authority  to  make  all  ordinances  for 
the  protection  of  the  school  houses  and  property,  and 
to  punish  any  person  who  may  disturb  the  sessions 
of  said  Public  Schools. 

91.  The  said  Mayor  and   City  Council  are  hereby 
authorized  and  empowered  to  levy  and  collect  upon 
the   assessable   property   in   said   city,   as   other   taxes 
are   levied   and   collected,    such    amount   of   taxes    as 
may  be  necessary  to  defray  all  the  expenses  incurred 
for    educational    purposes    by    said    Mayor    and    City 
Council. 


May  accept 
building  for 
higrh  schools. 


CHAPTER  XVII.— High  Schools. 
1872,  ch.  377. 

92.  It  shall  be  the  duty  of  the  Board  of  County 
School  Commissioners,  when  any  election  district  or 
any  contiguous  election  districts  shall  present  a  build- 
ing for  a  high  school  in  said  district  or  districts,  to 
the  Board  of  County  School  Commissioners,  to  accept 
the  same  (if  in  the  judgment  of  the  Board  there  is 
any  necessity  therefor),  and  thereafter  provide  for  the 
maintenance  of  a  high  school  in  said  district  or  dis- 
tricts, and  the  salaries  of  teachers,  out  of  the  general 
school  fund. 


Board  of  High 
School  Com- 
missioners. 


Wiley  vs.  School  Comm.,  51  Md.,  403. 

93.  If  the  high  school  be  established  by  a  district 
or  districts,  the  Board  of  County  School  Commission- 
ers shall  appoint  three  persons,  who  shall  constitute 
a  Board  of  High  School  Commissioners,  and  exer- 
cise like  authority  over  said  school  as  hereinbefore 
provided  for  Boards  of  District  School  Trustees;  but 


OF    MARYLAND. 

high  schools  established  by  the  county  shall  be  under 
the  direct  control  of  the  Board  of  County  School  Com- 
missioners, j 


1904,  ch.  584. 

94.  The  State  Superintendent  shall  furnish  the  State 
Board  of  Education  annually  a  list  of  approved  high 
schools  of  the  State,  and  the  said  State  Board  shall  des- 
ignate the  State  Superintendent,  a  principal  of  one  of 
the  State  Normal  Schools,  or  a  member  of  the  State 
Normal  School  faculty,  to  visit  annually  and  examine 
such  schools  and  report  in  writing  to  the  State  Board 
of  Education ;  such  high  schools  shall  also  be  visited 
at  least  once  in  each  school  term  by  the  County  Super- 
intendent, who  shall  report  quarterly  to  the  Board  of 
County  School  Commissioners  the  result  of  his  obser- 
vations. 

1872,  ch.  377. 

95.  If  practicable,  military  tactics  may  form  a  de-      Military  tac- 
partment  in  every  high  school. 


CHAPTER  XVIII. — Schools  for  Colored  Children. 
1906,  ch.  404. 

96.  It  shall  be  the  duty  of  the  Board  of  County 
School  Commissioners  to  establish  one  or  more  Public 
Schools  in  each  election  district  for  all  colored  youths 
between  six  and  twenty  years  of  age,  to  which  admis-7 
sion  shall  be  free,  and  which  shall  be  kept  open  as 
long  as  the  Board  of  County  School  Commissioners 
shall  determine ;  provided,  the  colored  population  of 
such  district  shall  warrant  said  Board  in  establishing 
said  schools. 

1870,  ch.  311;  1872,  ch.  377,  sub-ch.  18,  sec.  2;  1874,  ch.  463. 

97.  Each  colored  school  shall  be  under  the  direction 
of  a  Special  Board  of  School  Trustees,  to  be  appointed 
by  the  Board  of  County  School  Commissioners,  and 
shall  be  subject  to  the  same  laws  for  its  government 
and  furnish  instruction  in  the  same  branches  as  the 
schools  for  white  children. 


Colored  chil- 
dren. 


Trustees. 


PUBLIC   SCHOOL   LAW 


Appropriation . 


Appointee. 


Duty  of  ap- 
pointee. 


1904,  ch.  584. 

*98.  The  Comptroller  shall  not  apportion  any  sepa- 
rate fund  for  the  colored  schools ;  but  colored  schools 
shall  be  supported  and  maintained  from  the  general 
school  fund,  the  apportionment  of  which  shall  be  here- 
inafter provided  for. 

1902,  ch.  306.  . 

An  Act  to  provide  for  the  compilation  of  data  from 
the  Census  Reports  and  Returns  of  1901. 

WHEREAS,  Chapter  3  of  the  Acts  of  1901  failed  to/ 
provide  for  the  compilation  of  the  population  betweei 
the  ages  of  five  and  twenty  in  the  several   counti< 
and  City  of  Baltimore ;  and 

WHEREA:,  Sections  98  and  102  of  Article  77  of  tl 
Code  of  Public  General  Laws  provide  that  the  schc 
tax  shall  be  apportioned  by  the  Comptroller  amon^ 
the  several  counties  and  City  of  Baltimore  in  proporj 
tion  to  their  respective  population  between  the  ages  o| 
five  and  twenty ;  and 

WHEREAS,  The  best  interest  of  the  State  demands 
that  the  said  Public  School  tax  shall  be  apportioned 
upon  the  basis  of  the  State  census  of  1901 ;  now  there- 
fore 

SECTION  i.  Be  it  enacted  by  the  General  Assembly 
of  Maryland,  That  in  order  to  carry  out  the  provisions 
of  this  Act,  the  Governor  be  and  he  is  hereby  author- 
ized to  appoint  some  competent  person  or  persons 
whose  duty  it  shall  be  to  ascertain  and  compile  forth- 
with the  population  in  the  various  counties  and  City 
of  Baltimore  between  the  ages  of  five  and  twenty,  as 
returned  by  the  Superintendent  of  the  Census  under 
Chapter  3  of  the  Acts  of  the  extraordinary  session  of 
1901,  and  to  certify  to  the  Governor  the  number  of 
white  and  colored  persons  in  the  various  counties  and 
City  of  Baltimore,  respectively,  between  the  ages  of 
five  and  twenty ;  provided,  said  compilation  shall  be 
made  and  returned  to  the  Governor  not  later  than 
May  25th?  1902. 

*Refer  to  special  Act,  1902,  ch.  306. 


OF     MARYLAND. 


53 


SEC.  2.  And  be  it  enacted,  That  it  shall  be  the  duty 
of  the  Governor,  upon  the  receipt  of  the  compilation 
aforesaid  to  certify  the  same  to  the  Comptroller  of 
the  Treasury,  which  compilation  shall  be  the  basis 
of  the  apportionment  of  the  Public  School  tax  by  said 
officer. 

SEC.  3.  And  be  it  enacted,  That  the  sum  of  fifteen  Appropriation, 
hundred  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, be  and  the  same  is  hereby  appropriated  to  carry 
out  the  provisions  of  this  Act,  and  the  Comptroller  is 
authorized  upon  the  requisition  of  the  Governor  to 
draw  his  warrant  upon  the  Treasurer  for  the  said  sum 
of  fifteen  hundred  dollars,  or  so  much  thereof  as  may 
be  necessary. 

1872,  ch.  377. 

99.  The  total  amount  of  taxes  paid  for  school  pur-     Taxes, 
poses  by  the  colored  people  of  any  county,  or  in  the 
City  of  Baltimore,  together  with  any  donations  that 
may  be  made  for  the  purpose,  shall  also  be  devoted  to 
the  maintenance  of  the  schools  for  colored  children. 

CHAPTER  XIX. — Sources  of  Income. 
1906,  ch.  404. 

22.  The  County  Commissioners  of  the  several  coun-  income, 
ties  of  this  State  and  the  Mayor  and  City  Council  of 
Baltimore  are  directed  to  levy  the  State  taxes  to  be  col- 
lected according  to  law,  and  to  be  apportioned  for  the 
year  1907  and  annually  thereafter  as  follows :  A  tax 
of  sixteen  cents  on  each  one  hundred  dollars  to  aid  in 
the  support  of  the  public  schools,  to  be  distributed  ac- 
cording to  law  among  the  several  counties  and  the 
City  of  Baltimore,  and  the  Comptroller  of  the  Treas- 
ury shall  levy  the  same  State  taxes  on  the  shares  of 
the  capital  stock  of  all  banks,  State  and  national,  and 
other  incorporated  institutions  and  companies  of  this 
State,  the  shares  of  whose  capital  stock  are  liable  by 
law  to  assessment  and  taxation. 


1872,  ch.  377. 

101.  The  Treasurer,  on  the  warrant  of  the  Comp- 
troller, shall  pay  to  each  of  the  counties  and  the  City 
of  Baltimore  the  proportion  of  the  free  school  fund  to 


Treasurer  to 
disburse. 


34 


PUBLIC   SCHOOL   LAW 


Comptroller 
apportion. 


Time  of. 


Notify  parties 
who  are  to 
receive. 


Proviso. 


which  such  city  or  county  is  entitled  under  the  ap- 
portionment to  be  made  by  the  Comptroller,  as  here- 
inafter provided;  and  he  shall  pay  the  same  to  the 
Treasurer  of  the  Board  of  School  Commissioners  of 
Baltimore  City  and  the  several  counties;  and  the  sev- 
eral colleges  and  academies  shall  respectively  receive 
the  donations  granted  to  them  by  any  laws  or  resolu- 
tions of  the  General  Assembly,  subject  to  the  condi- 
tions annexed  thereto. 

*I02.  As  soon  as  the  Comptroller  shall  have  received 
from  the  City  of  Baltimore  and  the  several  counties 
returns  to  the  amount  of  the  State  school  tax  levied 
in  each  county  and  the  City  of  Baltimore,  he  shall 
immediately  thereafter  apportion  the  amount  of  the 
whole  levy  to  the  several  counties  and  the  City  of  Bal- 
timore, in  proportion  to  their  respective  population 
between  the  ages  of  five  and  twenty  years. 

1904,  ch.  584. 

103.  On  the  first  day  of  January,  the  fifteenth  day  of 
March,  the  fifteenth  day  of  June,  and  the  first  day  of 
October,  in  each  year,  the  Comptroller  shall  apportion 
the  amount  of  school  tax  received  by  the  Treasurer 
among  the  several  counties  and  the  City  of  Baltimore, 
in  proportion  to  the  whole  amount  apportioned  to  each 
by  the  Comptroller;  and  he  shall  notify  the  State 
Board  of  Education  and  the  Treasurer  of  the  several 
Boards  of  County  School  Commissioners  of  the  coun- 
ties and  the  City  of  Baltimore,  on  the  several  days 
aforesaid;  and  the  Treasurer  shall  pay  the  several 
amounts  within  ten  days  after  said  notification,  upon 
the  draft  of  the  President  and  Secretary  of  the  several 
Boards  of  County  Commissioners  aforesaid ;  provided, 
also,  that  if  in  any  county  the  schools  shall  be  kept  open 
less  than  nine  months  of  the  year  ending  December  31, 
or  any  white  teacher  regularly  employed  who  shall 
receive  an  annual  salary  of  ,less  than  three  hundred 
dollars,  as  hereinbefore  provided  for,  the  Comptroller 
shall  withhold  from  said  county  the  March  instalment 
of  the  State  school  tax ;  that  the  provisions  of  Section 
103  of  this  Act  shall  apply  to  Garrett  County  only  in 


*Refer  to  special  Act,  1902,  ch.  306. 


OF    MARYLAND. 


55 


so  far  as  to  oblige  that  county  to  keep  its  schools  open 
seven  and  oen-half  months,  and  pay  its  teachers  a 
minimum  salary  of  two  hundred  dollars  per  year. 

104.  In  making  the  apportionments  required  by  the 
preceding  section,  it  shall  be  the  duty  of  the  Comp- 
troller to  equalize  as  far  as  may  be  possible  the  sums 
to  be  apportioned,  so  as  to  apportion  and  distribute 
the  same  amount,  as  far  as  may  be  practicable,  on  each 
of  said  days ;  and  until  otherwise  expressly  directed 
by  law,  the  Comptroller  shall  charge  to  said  fund  and 
pay   therefrom   the   annual   appropriations   that   have 
been  or  may  hereafter  continue  to  be  made  for  said 
State  Normal  Schools;  and  also  the  appropriation  for 
the  Colored  Normal  School;  the  salary  of  the  State 
Superintendent  of  Public  Education ;  the  salary  of  the 
Clerk  of  the  State  Superintendent  of  Public  Education, 
and  the  expenses  of  the  State  Board  of  Education. 

105.  When  the  levy  of  any  year  shall  have  been 
collected,  the  Comptroller  shall  apportion  among  the 
several  counties  and  the  City  of  Baltimore  the  amount 
allowed  on  the  levy  for  insolvencies  and  abatements, 
and  shall  transmit  a  statement  of  the  same  to  the  State 
Board  of  Education. 

1882,  ch.  429. 

106.  The  Treasurer,  upon  the  warrant  of  the  Comp- 
troller, shall  annually  pay,  on  the  first  day  of  April,  to 
the  School  Commissioners  of  Anne  Arundel  County, 
the  sum  of  four  hundred  dollars  as  an  academy  fund, 
in  addition  to  the  apportionment  now  received  by  them 
for  such  purpose ;  the  said  sum,  when  received  by  said 
Commissioners,  to  be  paid  to  the  Trustees  of  "Anne 
Arundel  County  Academy." 

Miscellaneous. 
1872,  ch.  377. 

107.  Schools  on  or  near  the  dividing  line  of  two 
counties  shall  be  free  to  the  children  of  each  county; 
and  the  Board  of  County   School   Commissioners  of 
the   respective  counties   shall  have  power  to  provide 
jointly  for  the  maintenance  of  said  schools. 


Shall  equalize. 


What  shall 
charge. 


Insolvencies 
and  abate- 
ments. 


Anne    Arundel 
county. 


Free  to  each 
county. 


PUBLIC    SCHOOL   LAW 


Establishment 
provided  for. 


Held  in  trust.  Iog    Reaj  anci  personal    estate    granted,    conveyed, 

devised  or  bequeathed  for  the  use  of  any  particular 
county  or  school  district,  shall  be  held  in  trust  by  the 
Board  of  County  School  Commissioners  for  the  benefit 
of  such  county  or  School  District,  and  such  grants  and 
bequests  shall  be  exempt  from  all  State  and  county 
taxes. 

EtaStk>nr°m  I09'  Moneys  invested  in  trust  for  the  benefit  of  the 

Public  Schools  of  any  county  or  city  shall  be  exempt 
from  State,  county  or  local  tax. 

Manual  Training  Schools. 
1898,  ch.  273. 

no.  It  shall  be  the  duty  of  the  Board  of  County 
School  Commissioners,  when  a  suitable  building  or 
room  or  rooms'  connected  with  one  of  the  large  graded 
schools  or  high  schools,  shall  be  provided  by  the  county, 
or  money  sufficient  for  the  erection  of  such  buildingr 
or  room  or  rooms,  to  accept  the  same  (if,  in  the  judg- 
ment of  the  Board,  there  is  any  necessity  therefor), 
and  thereafter  to  provide  for  the  maintenance  of  a 
manual  training  school,  or  manual  training  department 
for  said  county,  and  the  salaries  of  teachers  and  manual 
training  instructors,  out  of  the  general  School  Fund 
and  the  State  aid  hereinafter  provided. 

in.  Whenever  a  manual  training  school  or  manual 
training  department  is  opened  in  any  county,  the  Presi- 
dent and  Secretary  of  the  Board  of  County  School 
Commissioners  of  said  county  shall  report  to  the  Sec- 
retary of  the  State  Board  of  Education,  and  the  State 
Board  of  Education  shall,  without  delay,  proceed  to 

County  Commissioners,  1894,  ch.  41. 

ARTICLE  XXV,  SECTION  120.  The  Comity  Commissioners 
in  each  county  of  this  State,  in  their  capacity  of  corporations, 
shall  be  and  are  hereby  invested  with  full  power  to  receive 
in  trust,  and  to  hold  and  control  for  the  purpose  of  such 
trusts,  all  money  or  other  property  of  whatsoever  description 
which  may  hereafter  be  bestowed  upon  such  corporations  by 
will,  deed  or  in  any  other  form  of  gift  or  conveyance,  in  trust 
for  purpose  of  education,  and  to  provide,  by  resolution  or 
otherwise,  for  the  execution  of  said  trusts  in  the  mode  pre- 
scribed by  the  will,  deed  or  other  instrument  creating  the 
same. 


State  Board  to 
have  exam- 
ined. 


OF    MARYLAND. 


57' 


appoint  the  principal  of  the  State  Normal  School,  or 
one  of  the  teachers  in  said  school,  well  qualified  for 
such  service,  to  visit  the  school  and  give  a  certificate 
of  approval  of  its  condition  and  the  plan  upon  which 
it  is  conducted;  and  thereafter  the  President  and  Sec- 
retary of  the  Board  of  County  School  Commissioners 
shall  report  to  the  Comptroller  the  condition  of  the 
school,  the  number  of  instructors  and  the  number  of 
pupils  enrolled  on  or  before  the  twentieth  day  of 
August  in  each  year. 

112.  The  Comptroller  of  the  Treasury,  after  receiv- 
ing the  certificate  of  approval  concerning  the  County 
Manual  Training  School,  or  Manual  Training  Depart- 
ment,  according   to   the   provisions    of    Section    3,   is 
hereby  authorized  and  directed  to  issue  his  warrant 
upon  the  Treasurer  of  the  State  for  the  sum  of  fifteen 
hundred  dollars,  payable  to  the  order  of  the  Treasurer 
of  the  Board  of  County  School  Commissioners  of  the 
county  filing  the  certificate  of  approval  aforesaid,  out 
of  any  moneys  in  the   State  Treasury  not  otherwise 
appropriated,  on  the  first  day  of  October  in  each  year, 
for  the  support  of  said  Manual  Training  School,  or 
Manual  Training  Department. 

113.  The  County  Manual  Training  School,  or  the 
Manual  Training  Department,  and  the  school  to  which 
it  is  attached,  shall  be  under  the  management  and  con- 
trol of  the  Board  of  County  School  Commissioners. 

114.  It  shall  be  the  duty  of  the  Board  of  County 
School   Commissioners  of  each  county  in  this   State, 
whenever  a  suitable  building  or  room  or  rooms  con- 
nected with  one  of  the  colored  schools  of  said  county 
shall  be  provided  by  the  county,  to  accept  the  same, 
if  in  the  judgment  of  the  said  Board  there  is  any  neces- 
sity therefor,  and  thereafter  to  provide  for  the  main- 


certificate  of 

approval. 


Report  to 
Comptroller 
when  made. 


Comptroller  to. 
issue  war- 
rant. 


Management. 


Colored  indus- 
trial   schools 
to  be  estab- 
lished. 


SEC.  121.  The  State's  Attorneys  for  the  several  counties  be 
and  they  are  hereby  charged  with  the  duty  of  seeing  that 
such  trusts  are  carried  into  effect  in  their  respective  counties ; 
and  in  case  of  any  neglect  on  the  part  of  the  County  Com- 
missioners, it  shall  be  the  duty  of  the  State's  Attorney  in  the 
county  in  which  such  neglect  occurs  to  cause  proper  pro- 
ceedings to  be  instituted  in  the  Circuit  Court  for  said  county 
to  compel  the  execution  of  the  said  trust. 


PUBLIC    SCHOOL   LAW 


State  Board  to 
have  exam- 
ined. 


Certificate  of 
approval. 


Report  to 
Comptroller 
when  made. 


Comptroller  to 
issue  war- 
rant. 


Management. 


Attendance 
required. 


tenance  of  such  number  of  separate  colored  industrial 
schools  as  in  their  judgment  may  be  needed,  and  the 
salaries  of  such  teachers  as  may  be  required  for  that 
purpose  shall  be  paid  out  of  the  general  school  fund 
and  the  State  aid  hereinafter  provided. 

115.  Whenever  any  such  separate  colored  industrial 
school  or  schools  are  opened  in  any  county,  the  Presi- 
dent and   Secretary  of  the  Board  of  County   School 
Commissioners  of  said  county  shall  report  the  fact  to 
the  Secretary  of  the  State  Board  of  Education,  and  the 
State  Board  of  Education  shall  without  delay  proceed 
to  appoint  a  proper  person  well  qualified  for  such  ser- 
vice, to  visit  the  said  school  or  schools  and  give  a  cer- 
tificate of  approval  of  its  condition  and  the  plan  upon 
which  it  is  conducted,  and  thereafter  the  President  and 
Secretary   of  said   Board   shall   report  to  the   Comp- 
troller of  this   State  the  condition  of  said  school  or 
schools,  the  number  of  instructors  and  the  number  of 
pupils  enrolled  during  school  year  last  ended  on  or  be- 
fore the  twentieth  day  of  August  in  each  year. 

1 1 6.  The  Comptroller  of  the  Treasury,  upon  receiv- 
ing the  certificate  of  approval  concerning  the  County 
Colored    Industrial    School   or    Schools   as    aforesaid, 
according  to  the  provisions  of  the  next  preceding  sec- 
tion,  is  hereby   authorized  and   directed  to  issue  his 
warrant  upon  the  Treasurer  of  the  State  for  the  sum 
of  fifteen  hundred  dollars^  payable  to  the  order  of  the 
Treasurer  of  the  Board  of  County   School  Commis- 
sioners of  the  county,  upon  the  filing  of  the  certifi- 
cate of  approval  aforesaid,  out  of  any  moneys  in  the 
State    Treasury   not   otherwise   appropriated,    on   the 
first  day  of  October  in  each  year,  for  the  support  of 
said  colored  industrial  school  or  schools,  and  there- 
after  the   said   industrial   school   or   schools   shall   be 
under  the  management  and  control  of  the  said  Board 
of  County  School  Commissioners. 

117.  No  entire  appropriation  for  the  benefit  of  any 
Manual  Training  School,  provided  for  under  this  sub- 
title, shall  be  paid  as  authorized,  after  the  first  annual 
appropriation,   unless   said,  school   shall   have  had   an 
average   daily   attendance"  of  thirty   scholars   for  the 


OF    MARYLAND. 


59 


pii. 


Attendance 
required. 


Amount  to  be 
paid  per  pu- 
pil. 


preceding  year-;  -and  'in  "case  said  attendance  shall 
fall  short  of  said  number,  then  there  shall  only  be 
paid  toward  the  maintenance  of  said  school  at  the 
rate  of  fifty  dollars  for  each  scholar  of  its  daily  average 
annual  attendance,  to  be  determined  by  the  report  here- 
inbefore required  .to  be  made  to  the  Comptroller. 

118.  No  appropriation  for  the  benefit  of  the  Colore 
Industrial  Schools  of  any  county  provided  for  und 
this  sub-title  shall  be  paid  after  the  first  annual  appr 
priation,  unless  the  average  daily  attendance  at  such 
school  or  schools  shall  have  been,  for  the  preceding 
year,  at  least  thirty  scholars;  and  in  case  said  atten 
•dance  shall  fall  short  of  said  number,  then  there  sha 
be  paid  to  the  Treasurer  of  the  County  School  Com 
missioners   maintaining   said   school   or   schools,   onl 
Sit  the  rate  of  fifty  dollars  a  scholar  for  the  daily  aver 
age  attendance  of  the  same,  to  be  determined  by  th 
report  hereinbefore  required  to  be  made  to  the  Comp 
Iroller.  / 

1902,  ch.  418. 

ii8A.  The  Superintendent  of  Public  Education  shall  supervision, 
supervise  and  inspect  the  work  of  manual  and  indus- 
trial training  done  in  the  several  counties  of  the  State 
under  the  provisions  of  this  Article,  collect  all  nec- 
essary statistics  pertaining  thereto,  and  annually  on  or 
before  the  twentieth  day  of  August,  certify  to  the 
Comptroller  the  names  of  such  counties  as  shall  have 
complied  with  the  provisions  of  said  Article  relating 
to  such  training,  and  such  as  shall  for  the  ensuing  year 
"be  deemed  entitled  to  receive  the  appropriation  or  ap- 
propriations provided  for  in  the  preceding  sections 
'(specifically  setting  forth  the  amount  to  be  paid  to 
each  of  said  counties)  ;  and  upon  the  receipt  of  such 
certificate  from  the  Superintendent  of  Public  Edu- 
cation, but  not  otherwise,  the  Comptroller  shall  draw 
Tiis  warrant  upon  the  Treasurer,  payable  to  the  order 
•of  the  Treasurer  of  the  Board  of  County  School  Com- 
missioners of  the  county  so  certified  as  entitled  to 

SECTIONS  119  to  123  provide  for  the  establishment  of 
farmers'  Institutes.  No  powers  being  granted  to  or  duties 
imposed  upon  the  school  authorities  of  the  State  by  these 
-sections,  they  are  not  inserted 


pU- 


6o 


PUBLIC    SCHOOL,   LAW 


Date  of  mak- 
ing report. 


Establishment 
of  manual 
training  in 
high  schools. 


receive  the  same,  for  the  full  amount  of  money  so> 
certified  to  be  due  to  such  county  under  the  pro- 
visions of  this  Article ;  and  the  Superintendent  of 
Public  Education  shall,  on  or  before  the  twentieth  day 
of  August  in  each  year,  submit  to  the  State  Board  of 
Education  a  full  report  of  all  matters  pertaining  to 
manual  industrial  training  in  such  counties,  and  attach 
thereto  a  copy  of  the  certificate  filed  by  him  with: 
the  Comptroller. 

n8B.  The  several  Boards  of  County  School  Com- 
missioners are  hereby  authorized  to  establish  manual 
training  schools  and  departments  of  manual  training 
in  connection  with  such  number  of  graded  or  high 
schools  in  their  respective  counties  as  they  shall  deem 
expedient,  and  to  distribute  the  money  appropriated 
by  this  Article  equitably  among  the  manual  training 
schools  and  departments  of  manual  training  so  estab- 
lished, to  the  end  that  instruction  in  such  branch  may 
not  be  restricted  to  one  locality  in  such  county,  but 
extended,  as  far  as  practicable,  to  the  whole  of  such 
county;  provided,  that  the  instruction  to  be  given  in 
such  schools  or  departments  shall  in  all  cases  con- 
form to  the  course  or  outline  of  such  work  prescribed' 
or  to  be  prescribed  by  the  State  Board  of  Education;- 
and  provided,  that  no  part  of  the  money  appropriated" 
by  this  Article  for  manual  training  shall  be  used  for- 
any  other  purpose. 

All  parts  of  said  Chapter  273  of  the  Acts  of  1898 
(codified  as  Sections  no  to  118,  inclusive,  of  said 
Article  77),  inconsistent  with  the  provisions  of  this 
Act,  and  only  such  parts  thereof ,  be  and  the  same  are 
hereby  repealed. 

1904,  ch.  584. 

SEC.  2.  And  be  it  enacted,  That  wherever  the  word 
f'Examiner"  occurs  in  this  Article  it  shall  be  construed1 
to  mean  "County  Superintendent;"  and  wherever  the- 
words  "Assistant  Examiner"  occur  they  shall  be  con- 
strued to  mean  "Assistant  County  Superintendent." 


OF    MARYLAND.  6l 


MARYLAND  SCHOOL  LAWS. 


DECISIONS  COURT  OF  APPEALS. 


ARTICLE  77. 
'SEC.  3. 

Webster  vs.   Cambridge  Female   Sem.,  78  Md.,   193. 
Weddle  vs.  School  Comm.,  94  Md.,  334. 

SEC.  6. 

Co.  Comm.  vs.  School  Comm.,  77  Md.,  288. 
Hooper  vs.  New,  85  Md.,  581. 
Ash  vs.   McVey,  85   Md.,   126. 
Duer  vs.  Dashiell,  91  Md.,  660. 

SEC.  ii. 

School  Board  vs.  Wagaman,  84  Md.,  162. 
Duer  vs.  Dashiell,  91  Md.,  660. 

SEC.  18. 

Co.  Comm.  vs.  School  Comm.,  77  Md.,  288. 
Ash  vs.   McVey,  85   Md.,   126. 
Duer  vs.  Dashiell,  91  Md.,  660. 

SEC.  19. 

O'Neal  vs.  School  Comm.,  27  Md.,  227. 

School    Comm.    Wicomico   vs.    School    Comm.    Worcester,   35 
Md.,  200. 

Jones  vs.  Keating,  55  Md.,  145. 

Bd.  School  Comm.  vs.  Goldsboro,  90  Md.,  193. 

Weddle  vs.  School  Comm.,  94  Md.,  334. 

SEC.  22. 

County  Comm.  vs.  Gantt,  73  Md.,  521. 

SEC.  25. 

Bd.  School  Comm.  vs.  Goldsboro,  90  Md.,  193. 

SEC.  48. 

School  Bd.  vs.  Wagaman,  84  Md.,  161. 

-'SEC.  50. 

School  Comm.  vs.  Adams,  43  Md.,  349. 


62  PUBLIC   SCHOOL  LAW- 


.  59- 
School  Comm.  vs.  State  Board  of  Education,  26  Md.,  505: 

SEC.  63. 

School  Board  vs.  Wagaman,  84  Md.,  161. 

SEC.  88. 

M.  &  C.  C.  of  Balto.  vs.  Weatherly,  52  Md.,  442. 
Hooper  vs.  New,  85  Md.,  581. 

SEC.  89. 

Hooper  vs.  New,  85  Md.,  581. 

SEC.  92. 

Wiley  vs.  School  Comm.,  51  Md.,  403. 

SEC.  93- 

Ibid. 

SEC.  100. 

Trustees   vs.   Maffit,  22   Md.,    121. 

Comm.   of   Public   Schools  vs.   Co.   Comm.   Allegany  Co.,  20* 
Md.,  449. 

Burgess  vs.  Pue,  2  Gill,  n. 


SUPPLEMENTAL. 

1.  The  rights  and  powers  of  the  visitors  of  Frederick  County 

Schools  considered.     Thomas  vs.  Visitors,  etc.,  7  G.  & 
J,  369. 

2.  The  Legislature  may  delegate  the  power  of  taxation  to  the- 

inhabitants   of   a   school    district.     Burgess   vs.    Poe,   2-r 
Gill,  254. 

3.  Supt.  of  Balto.  City  not  municipal  official.    92  Md.,  591. 


OF     MARYLAND.  63 

FREE  SCHOLARSHIPS. 

ST.  MARY'S  FEMALE  SEMINARY, 

ST.  MARY'S  COUNTY. 

1868,  ch.  193 ;  1896,  ch.  61 ;  1898,  ch.  379. 

One  scholar  shall  be  taken  from  each  of  the  counties  and  each 
of  the  three  legislative  districts  of  Baltimore  City,  and  shall  be 
selected  by  the  Examiner  and  Boards  of  County  School  Com- 
missioners of  the  respective  counties,  and  the  Board  of  Com- 
missioners of  Public  Schools  in  Baltimore  City,  for  the  three 
legislative  districts  of  said  city,  respectively,  without  recourse 
to  a  competitive  examination,  so  that  the  most  worthy  and 
charitable  may  be  selected ;  each  pupil  as  selected  to  remain 
for  the  space  of  three  years,  if  not  dismissed  by  the  Trustees. 

ST.  JOHN'S  COLLEGE,  ANNAPOLIS. 
1878,  ch.  315. 

One  scholar  from  each  senatorial  district  of  the  State  shall  be 
educated  free  of  charge  for  tuition,  board,  fuel,  lights  and 
washing,  and  shall  be  appointed  by  the  Board  of  County  School 
Commissioners  of  the  several  counties  and  City  of  Baltimore, 
by  and  with  the  advice  and  consent  of  the  Senator  in  their 
respective  counties  and  senatorial  districts,  after  a  competitive 
examination  of  the  candidates  for  such  appointments,  who  shall 
produce  before  the  said  Commissioners  satisfactory  evidence 
of  their  moral  character,  and  of  their  inability  or  the  inability 
of  their  parents  or  guardians  to  pay  the  regular  college  charges  ; 
provided,  that  no  one  of  the  said  appointments  shall  be  held  by 
the  same  student  for  more  than  four  years,  unless  the  time  of 
holding  such  appointment  be  extended  by  the  faculty  of  the 
college,  and  that  each  student  receiving  such  appointment  shall 
pledge  himself  upon  entering  the  college  that  he  will  continue 
a  student  thereof  for  the  full  term  of  four  years,  unless  pre- 
vented by  unavoidable  necessity,  and  that  he  will  teach  school 
within  the  State  for  not  less  than  two  years,  immediately  after 
leaving  college,  or  as  soon  thereafter  as  may  be  practicable. 


PUBLIC  SCHOOL  LAW 

WESTERN  MARYLAND  COLLEGE,  WESTMINSTER. 
1878,  ch.  239;   1898,  ch.  106. 

One  male  student  from  each  senatorial  district  of  the  State 
shall  be  educated  free  of  charge  for  tuition,  board,  fuel,  lights, 
and  washing,  and  shall  be  appointed  by  the  School  Commis- 
sioners in  said  senatorial  district,  by  and  with  the  advice  and 
consent  of  the  Senator  in  their  respective  senatorial  districts 
after  a  competitive  examination  of  the  candidates ;  provided, 
that  the  said  appointment  shall  not  be  held  by  the  same  student 
for  more  than  four  years,  and  that  each  student  receiving  such 
appointment  shall  give  his  bond  to  the  State  of  Maryland  for 
such  amount  with  such  security  as  may  be  approved  of  by  the 
president  of  said  college,  that  he  will  teach  school  within  this 
State  for  not  less  than  two  years  after  leaving  college. 

1898,  ch.  1 06. 

One  female  student  from  each  senatorial  district  of  this 
Sta.te  shall  be  educated  free  of  charge  for  board  and  tuition, 
and  shall  be  appointed  by  the  School  Commissioners  in  said 
senatorial  district,  by  and  with  the,  advice  and  consent  of  the 
Senator  in  their  respective  senatorial  districts,  after  a  competi- 
tive examination  of  the  candidates ;  provided,  that  the  said  ap- 
pointment shall  not"  be  held  by  the  same  student  for  more  than 
four  years,  and  that  each  student  receiving  such  appointment 
shall  give  bond  to  the  State  of  Maryland  for  such  amount,  with 
such  security  as  may  be  approved  by  the  president  of  said  col- 
lege%  that  she  will  teach  school  within  the  State  for  not  less 
than  two  years  after  leaving  college. 

MARYLAND  INSTITUTE,  BALTIMORE  CITY. 

One  free  scholar  shall  be  received  from  each  county  of  the 
State  and  one  from  each  legislative  district  of  Baltimore  City 
to  be  selected  by  the  School  Commissioners  of  the  counties  and 
^Baltimore  City,  respectively. 

WASHINGTON  COLLEGE. 

1906,  ch.  204. 

i.  Be  it  enacted  by  the  General  Assembly  of  Maryland, 
'That  Sections  2  and  3  of  Chapter  63  of  the  General  As- 
sembly of  Maryland  of  1896,  entitled  "An  Act  supplementary 


OF    MARYLAND.  65 

to  an  Act  for  founding  a  college  in  Chestertown,"  passed  at  a 
session  of  the  General  Assembly  of  Maryland,  1782,  Chapter  8, 
authorizing  the  establishing  by  the  visitors  and  governors  of 
said  college  of  a  Department  of  Pedagogy,  be  and  the  same  are 
hereby  repealed,  and  that  said  Section  3  of  said  Act  of  1896  be 
and  the  same  is  hereby  re-enacted  with  amendments,  so  as  to 
read  as  follows : 

3.  The  visitors  and  governors  of  Washington  College  may, 
in  their  discretion  and  in  accordance  with  the  provisions  of 
Sections  n  and  12  of. the  original  Act  of  incorporation,  of 
which  this  Act  is  intended  to  be  a  supplement,  authorizing 
the  issuing  to  the  graduates  of  this  department  who  may  have 
satisfactorily  completed  the  prescribed  course,  and  who  have 
attained  the  age  which  is  now  or  may  be  hereafter  prescribed 
for  teachers,  under  the  public  school  law  of  Maryland,  a  cer- 
tificate which,  when  signed  by  the  State  Board  of  Education, 
shall  authorize  the  said  graduate  to  teach  for  one  year  from 
the  date  thereof  in  any  of  the  public  schools  of  the  State,  es- 
tablished under  the  authority  of  the  public  school  law  of  Mary- 
land, and  which  said  certificate,  at  the  expiration  of  one  year, 
upon  the  recommendation  of  any  county  superintendent  of 
public  schools,  under  whose  supervision  the  graduate  may 
have  taught  for  eight  months,  shall  become  a  permanent 
diploma,  authorizing  the  holder  thereof  to  teach  in  any  of  the 
public  schools  of  the  State,  subject  to  the  approval  and  regula- 
tion of  the  State  Board  of  Education,  in  the  manner  governing 
diplomas  issued  by  the  other  State  Normal  Schools  of  this 
State. 

1896,  ch.  188. 

The  Visitors  and  Governors  of  this  college  shall  supply  free 
tuition  and  books  in  the  Normal  Department  to  one  indigent 
female  student  from  each  county  of  the  Eastern  Shore  of  Mary- 
land, and  such  student  shall  present  a  certificate  of  appointment 
from  the  Board  of  County  School  Commissioners  of  the  county 
from  which  she  conies,  and  that  she  is  a  graduate  of  a  Public 
School,  and  that  she  enters  the  college  for  the  purpose  of 
qualifying  herself  for  a  teacher  in  the  Public  Schools,  and 
that  she  intends  to  engage  in  teaching  within  this  State;  and 
she  shall  sign  an  agreement  to  pay  said  college  the  sum  of 
twenty-five  dollars  for  each  session  she  attends  the  Normal 
Department  of  said  college,  should  she  fail  to  teach  in  the 
Public  Schools  of  this  State,  after  having  received  a  Normal 
School  education  at  said  college. 


66  PUBLIC    SCHOOL    LAW 

Any  female  graduate  of  any  Public  School  on  the  Eastern 
Shore  of  Maryland  shall  have  the  privilege  of  competing  for 
appointment  to  said  scholarship  by  filing  her  written  applica- 
tion to  the  Board  of  County  School  Commissioners  for  such 
appointment,  together  with  a  certificate  that  she  is  a  graduate 
of  a  Public  School  of  that  county,  and  that  she  desires  such 
scholarship  for  the  purpose  of  qualifying  herself  for  a  teacher 
in  the  Public  Schools,  and  her  intention  to  engage  in  the  pro- 
fession of  teaching  within  this  State;  and  in  case  any  such 
scholar,  should,  after  having  received  such  Normal  School 
education,  fail  to  fulfill  the  conditions  upon,  which  she  was 
admitted,  she  shall  forfeit  and  pay  the  sum  of  twenty-five 
dollars  for  each  session  she.  attended  the  Normal  Department 
of  said  college,  to  be  collected  as  other  debts  are  collected,  and 
to  be  applied  for  the  benefit  of  the  Normal  Department  of  said 
college. 

1898,  ch.  293. 

That  the  Visitors  and  Governors  of  Washington  College  are 
authorized  and  directed  to  supply  free  tuition  and  free  books  to 
one  male  or  female  student  from  each  and  every  county  on  the 
Western  Shore  of  the  State  of  Maryland,  either  in  the  Normal 
or  Collegiate  eDpartment  of  said  college. 

Students  wishing  to  secure  the  benefit  of  this  Act  shall  file  a 
written  application  for  such  scholarship  with  the  Board  of 
County  School  Commissioners  of  which  county  he  is  a  resident, 
together  with  a  certificate  of  his  or  her  good  physical  health 
and  good  moral  character;  and  said  Board  of  County  School 
Commissioners  shall  cause  all  such  applicants  to  be  examined 
on  such  subjects  or  studies  as  the  principal  of  Washington  Col- 
lege may  suggest,  and  shall  make  the  appointment  after  such 
competitive  examination  is  held,  and  shall  certify  such  appoint- 
ment to  the  principal  of  said  college  in  writing. 

CHARLOTTE  HALL  SCHOOL. 
1898,  ch.  321. 

Charlotte  Hall  School  shall  receive  and  give  board  and  tui- 
tion, free  of  charge,  to  at  least  one  student  from  each  legisla- 
tive district  of  the  State  during  each  scholastic  year  after  the 
first  day  of  September,  in  the  year  1898,  all  such  students,  to 
be  received  subject  to  the  rules  and  regulations  of  said  school, 


OF     MARYLAND.  67 

and  subject  to  dismissal  therefrom  for  cause,  in  the  discretion 
of  the  Board  of  Trustees  thereof. 

On  or  before  the  first  day  of  September,  in  the  year  1898, 
the  several  Boards  of  County  School  Commissioners  shall  each 
select  one  student  from  their  respective  counties,  and  the 
Board  of  Commissioners  of  Public  Schools  of  the  City  of  Bal- 
timore shall  select  one  student  from  each  legislative  district  of 
Baltimore  City,  all  such  selections  to  be  made  by  ^competitive 
examinations  from  among  the  youths  who  reside  in  the  legisla- 
tive districts  for  which  they  are  respectively  chosen,  and  who 
are  or  have  been  students  in  the  Public  Schools  of  such  district, 
and  the  students  so  selected  shall  be  entitled  to  the  scholarships 
above  provided  for  in  Charlotte  Hall  School  for  terms  of  three 
years ;  and  when  the  terms  of  such  appointee,  or  any  of  them, 
have  expired,  or  for  any  cause  a  vacancy  occurs,  or  vacancies 
occur,  in  said  scholarships,  said  respective  Boards  shall  in  like 
manner  and  from  like  classes  choose  other  students  to  fill  such 
vacancy  or  vacancies. 


STATE;  NORMAL  SCHOOL  No.  2. 

In  the  appropriation  bill  for  1899  there  appears  the  follow- 
ing appropriation  "for  the  erection  of  a  building  at  Frostburg, 
Allegany  County,  to  be  known  as  Stat-  Normal  No.  2,  the  sum 
of  twenty  thousand  dollars,  and  for  the  support  of  said  school 
when  established,  five  thousand  dollars  annually,  provided  that 
the  people  of  the  town  of  Frostburg  furnish  the  ground  for  the 
site  of  said  building  and  deed  the  same  to  the  State." 


CONTENTS. 


1.  Providing  free  system  of  Public  Education. 

CHAPTER  I. — Supervision. 

Educational  Matters — 

2.  Affecting  State,  under  State  Board. 

3.  Affecting  County,  under  County  Board. 

4.  Affecting  District,  under  District  Trustees. 

CHAPTER  II. — Formation  of  Boards. 

5.  Appointment  of  State  Board. 

6.  Appointment  of  County  Boards. 

7.  Appointment  of  District  Trustees;   Oath  of. 

CHAPTER  III.— Duties  of  the  State  Board  of  Education. 

8.  Meetings. 

9.  Office  of. 

10.      Expenses  of;  how  paid. 
11-13.      General  duties  and  powers  of. 

14.  To  examine  candidates  for  County  Examiner. 

15.  May  Grant  Professional  Certificates  to  Teachers. 

16.  To  be  ex-officio  trustees  of  State  Normal  School. 

17.  All  Schools  receiving  State  aid  report  to. 

I7a.  Appointment   of    State    Superintendent;    term;    removal;    member 

ex-officio  of  State  Board. 

I7d.  Appointment  of  Assistant  Superintendent. 
I7b.  Salary;  clerk  to  superintendent. 
I7c.  Duties  of  superintendent. 

CHAPTER  IV. — Duties  of  County  School  Commissioners. 

18.  Meetings;   compensation;   appointment  of  secretary,  treasurer  and 

examiner. 

19.  Are  a  body  politic ;  powers  of 

20.  All  property  and  money  belonging  to  the  Schools  to  be  under  their 

control. 

21.  General  duties  of. 

22.  County  Commissioners  to  levy  a  tax. 

23.  Division  of  County  into  School  Districts. 

24.  To  report  annually  to  State  Board  of  Education;  also  to  publish 
statement  of  expenses  and  receipts. 

25.  Vacancies ;  how  rilled. 

26.  No  teacher  to  be  appointed  on  the  Board. 

CHAPTER  V. — Duties  of  the  District  School  Trustees. 

27.  Duties  of. 

28.  To  see  that  each  house  has  suitable  out-houses. 

29.  For  what  purposes  school-houses  are  to  be  used. 

30.  New  School  Districts;  formation  of;  number  of  resident  voters. 

31.  Vacancies ;  how  rilled. 


70  CONTENTS. 

CHAPTER  VI— School  Houses  and  Sites. 

32.  By  whom  to  be  selected. 

33.  Board  may  receive  donations  for;  title  to. 

34.  Condemnation  of  land  for;  proceedings. 

35.  Costs;  how  paid. 

36.  Board  to  furnish  plans  for  houses." 

CHAPTER  VII.— Schools. 

37.  School;  how  designated. 

^38.  Schools  to  be  kept  open ;  how  long. 

r     39.  What  studies  shall  be  taught. 

40.  Nature  of  alcoholic  drinks  and  narcotics  to  be  taught. 

41.  Preceding  section  enforced ;  by  whom. 

42.  When  assistants  may  be  appointed. 

-43.  Establishment  of  schools  of  different  grades;   division  of  school 

r  district ;  closing  schools ;  kept  open  at  expense  of  district. 

44.  Public  examinations  to  be  held.     . 

45.  Hours  schools  are  to  be  kept  open ;  how  regulated. 

46.  Disturbing  a  school  while  in  session;  penalty. 

-47.     Terms  of  schools;  vacations  and  holidays;  partial  terms  to  close  at 
<r  end  of  term. 

CHAPTER  VIII.— Teachers. 

48.  Qualification  of. 

49.  How  appointed  and  removed. 

50.  Quarterly  reports  of;  to  contain  what. 

51.  Charges  against  moral  character  of;  how  tried. 

52.  Life  certificate;  for  what  granted. 

53.  Salaries  of;  by  whom  fixed. 
53a.  Pension,  amount;  appropriation. 

Decision  in  case  of  Luella  R.  Palhemus. 

CHAPTER  IX.— Pupils. 

54.  Who  may  be  pupils. 

55.  Suspension  and  expulsion  of. 

56.  When  children  living  in  one  district  may  attend  school  in  another. 

57.  Each  pupil  to  produce  certificate  of  vaccination.    ' 

CHAPTER  X. — Text  Books. 

58.  Not  to  be  sectarian  or  partisan. 
59.'     How  adopted  and  purchased. 

60.  Provision  for  the  delivery  and  care  of. 

61.  Account  of  expenses. 
6ia.  Appropriation  for. 

6ib.  Text  Books  upon  Civil  Government. 

CHAPTER  XL — County  Examiner. 

62.  To  examine  candidates  for  teachers'  positions  and  give  certificates. 

63.  What  certificates  shall  state;  requirements  added  by  State  Board. 

64.  To  whom  certificates  are  not  to  be  issued. 

65.  Shall  hold  regular  examinations ;  fee  for  issuing  certificate ;  penalty. 


CONTENTS.  71 

66.  Shall  visit  schools  and  report  observations. 

67.  Bond  as  treasurer;  to  contain  what. 

67a.  May  have  the  security  of  any  authorized  deposit  or  trust  company. 

68.  To  give  his  whole  time;  salary. 

69.  Shall  notify  Comptroller  annually  how  long  schools  have  been  open 

CHAPTER  XII.— State  Normal  School 

70.  Where  situated ;  purposes  of ;  appointment  of  principal ;  salary. 

71.  Of  whom  faculty  to  consist. 

72.  Sessions. 

73.  Students;  selection  of;  declaration  of. 

74.  Pay  scholars  may  be  admitted. 

75.  State   Board  shall  prescribe  course  of  study;   provide   for  model 
and  experimental  schools ;  salaries  of  teachers ;  how  paid. 

76.  Appropriation  for. 

77.  Bequests  and  devises  to ;  how  to  be  held. 

78.  Report  of  the  State  Board  of  Education. 

79.  Three  thousand  copies  to  be  distributed. 

CHAPTER  XIII. — Teachers'  Institute. 

80.  To  be  held  each  year. 

Si.      Time  of  meeting;  how  fixed. 

82.  By  whom  to  be  presided  over. 

83.  Place  of  meeting;  how  selected. 

CHAPTER  XIV. — Teachers'  Association. 

84.  Formation  is  recommended. 

85.  County  Examiner's  duties  in  promoting. 

86.  May  occupy  any  school  house. 

State  Association  incorporated;  empowered  to  confer  degrees. 

CHAPTER  XV. — District  Libraries. 

87.  How  sustained ;  books ;  how  selected. 
87a-87M.     Public  Libraries. 

Library  Commission. 

CHAPTER  XVI.— The  City  of  Baltimore. 

88.  Power  o  fMayor  and  City  Council. 

89.  Power  of  Board  of  School  Commissioners. 

90.  Mayor  and  City  Council  to  have  power  to  pass  ordinances  relating 
to. 

91.  Taxes  for  support  of  schools;  how  levied. 

CHAPTER  XVIL— High  Schools. 

92.  When  to  be  established. 

93.  High  School  Commissioners;  appointment  of. 

94.  By  whom  to  be  visited. 

95.  Military  tactics  to  be  taught  if  practicable. 


72  CONTENTS. 

CHAPTER  XVIIL— Schools  for  Colored  Children. 

96.  Schools  to  be  established  and  kept  open. 

97  By  whom  to  be  directed;  subject  to  laws  governing  other  schools. 

98.  Comptroller  to  apportion  amount  for  support  of. 

99.  Taxes  paid  by  colored  people  for  school  purposes  to  be  devoted  to 

Compilation  of  the  population  between  ages  of  five  and  twenty. 

CHAPTER  XIX. — Sources  of  Income. 

100.  State  to  levy  a  tax  for  support  of  schools. 

101.  Amount;  how  distributed. 

1 02.  Amount  distributable;  how  apportioned. 

103.  Amount  to  be  paid  quarterly. 

104.  Apportionment  of  school  fund  by  Comptroller;  how  made. 

105.  Comptroller  to  apportion  insolvencies  and  abatements,  and  trans- 
mit statement  to  State  Board. 

106.  Special  payment  for  Anne  Arundel  Academy. 

Miscellaneous. 

107.  Schools  near  dividing  line  free  to  both  counties. 

108.  Property  to  be  held  in  trust  by  School   Commissioners ;   also  by 
County  Commissioners   (Art.  XXV,  Section  120,  121). 

109.  Moneys  invested  exempt  from  taxation. 

Manual  Training  Schools. 

1 10.  Buildings  for  use  of. 

in.      Certificate  of  approval;  by  whom  given. 

112.  Warrant  to  be  issued  for  support  of. 

113.  County  School  Commissioners  to  have  management  and  control  of. 

114.  Colored  industrial  schools  to  be  established;  salaries  for  teachers 
of  such  ;  how  paid. 

115.  Certificate  of  approval  of  such  schools. 

116.  Warrant  to  be  issued  for  support  of.  , 

117.  How  appropriation  for  benefit  of  any  manual  training  school  shall 
be  paid. 

118.  How  appropriation   for  the  benefit  of  colored  industrial   schools 
shall  be  paid. 

n8a.  Supervision  of  manual  training  schools. 

n8b.  Establishment   of  manual   training  in   different   localities   of   same 
county. 

Free  Scholarships. 

At  St.  Mary's  Seminary. 

At  St.  John's  College. 

At  Western   Maryland  College. 

At  Maryland  Institute. 

At  Washington  College. 

At  Charlotte  Hall. 

State  Normal  School  No.  Two. 


BROS 

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YC  06564 


